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THE 

CLERK  AND  MAGISTRATE'S 

ASSISTANT. 


BY  A  GENTLEMAN  OP  THE  BAR. 


f SECOND  EDITION.) 


P0UGHKEEPS1E, 

PUBLISHED  BY  PARACLETE  POTTER. 

P.  &  S.  Potter,  Printers. 
1816, 


DISTRICT  OP  NEW-YGRK,  ss. 

BE  IT  REMEMBERED,  That  on  the  twentieth  day  of  June,  in 
^-^>wA^-j  the  thirty  eighth  year  of  the  Independence  of  the 
b  <  L.  S.  £  United  States  of  America,  Paraclete  Potter,  of  the 
Y  *~\mS\rsJ*  said  district,  has  deposited  in  this  office  the  title  of  a 
ook,  the  right  whereof  he  claims  as  proprietor,  in  the  words  fol- 
owing,  to  wit  : 

"  The  Clerk  and  Magistrate's  Assistant.  By  a  gentleman  of 
«  the  Bar." 

In  conformity  to  the  Act  of  the  Congress  of  the  United  States, 
entitled  "  <\n  Act  for  the  encouragement  of  Learning,  by  securing 
the  copies  of  Maps,  Charts  and  Books  to  the  authors  and  proprie- 
tors of  such  copies,  during  the  times  therein  mentioned."  And 
also  to  an  Act,  entitled  u  an  Act,  supplementary  to  an  Act,  entitled 
an  Act  for  the  encouragement  of  learning,  by  securing  the  copies  of 
Maps,  Charts  and  Books  to  the  authors  and  proprietors  of  such 
copies,  during  the  times  therein  mentioned,  and  extending  the  ben- 
efits thereof  to  the  arts  of  designing,  engraving  and  etching  historical 
and  other  prints." 

THERON  RUDD, 

Clerk  of  tte  Santtxrn  District  of  New-York. 


INDEX. 


A 

ACQUITTANCES.    See  Releases,  page  160 
ACKNOWLEDGMENT,  see  deeds. 

AGREEMENTS, practical  remarks  concerning,  1 

Agreement  for  sale  of  an  estate  by  private  contract,  2 

On  a  purchase  of  property  at  a  mortgage  sale,  3 

For  building  a  house,  4 

For  rebuilding  of  mills,  ib. 

Between  a  merchant  and  his  apprentice,  6 

To  make  an  assignment  of  a  lease,  7 

For  an  hired  servant,  8 

On  a  sale  of  wheat,  M 

Between  a  housekeeper  and  his  lodger,  10 

To  continue  a  partnership,  20 
Indorsed  on  articles  of  copartnership  for  continuing 

the  same,  with  other  covenants,  21 

Of  marriage,  36 

APPRENTICES,  practical  remarks  concerning,  41 

Indenture  for  binding,  43 

Indenture  by  the  overseers  of  the  poor,  44 
Forms  of  proceedings  before  magistrates  in  ca3e  of 

difference  between  masters  and  apprentices,  1 79  183 
Covenant  to  indemnify  a  master  from  all  costs  &c. 
that  may  accrue  by  his  apprentices, 
leaving  him  by  consent,  40 
ARBITRATIONS  <fc  AW  ARDS,  practical  remarks  on  60 
Common  bond  of  arbitration,  61 
Condition  for  an  award  by  an  umpire,  62 
An  award  that  one  party  shall  pay  money  unto  the 
other.  All  suits  to  cease.    Parties  mutually  to 
give  general  releases,  63 
An  award  by  an  umpire,  65 
ASSIGNMENTS,  45 
Assignment  of  a  bond,  ib. 
The  like  by  indorsement,  46 
Of  judgment  recovered,  47 
Of  a  lease  by  an  executor,  ib. 
Of  a  lease  by  indorsement,  50 
Of  a  mortgage,  ib. 
Of  a  mans  whole  estate,  in  consideration  of  sever- 
al debts  und  engagements,  51 


iv.  INDEX. 

Of  a  lease  to  indemnify  the  assignee  on  account  of 

his  becoming  bound  for  the  debt  of  the  assignor,  52 
Mutual  assignment  between  two  partners  (upon 
determining  the  partnership)  respecting  bad 
debts  which  are  divided  equally,  54 
Of  articles  of  agreement  for  the  sale  of  timber,  and 
the  money  arising  therefrom  for  the  payment  of 
money  in  a  schedule,  »  56 

Of  several  bonds  to  a  trustee  for  a  widow  with  con- 
sent of  her  intended  husband,  that  the  money  be 
at  her  disposal  after  marriage,  57 
Of  dower,  60 
ATTORNEY,  powers  of,  practical  remarks  concerning,l  46 
From  partners  to  collect  debts,  147 
To  receive  a  debt,  148 
To  receive  a  legacy,  149 
To  receive  the  rents  of  an  estate,  ib. 
To  make  a  distress,  150 
From  several  creditors  of  a  person  deceased,  to 
bring  actions  &c.  and  an  appointment  of  a  cash- 
ier for  raising  and  paying  money  to  defray  the 
expenses,  1 5 1 

To  lease  or  sell  lands,  152 
To  take  possession  of  lands  and  to  sell  them,  ib. 
Special  power  by  a  widow  and  executrix,  153 
To  receive  dividends  on,  or  to  transfer  public  stock,  1 56 
To  vote  by  proxy,  ib. 
To  receive  pension,  157 
Special  power  by  substitution,  158 
General  power  by  substitution,  1 59 

Revocation  of  a  letter  of  attornev,  ib. 
AWARDS  &  ARBITRATIONS.  See  Arbitrations 
and  Award*. 

B 

BASTARDY, 

Form  of  an  examination  of  woman  before  birlh,  1 95 
Examination  after  the  birlh,  106 
Form  of  warrant  for  apprehending  the  father,  be- 
fore birth,  i'>- 
The  like  afier  birth,  197 
Commitment  thereupon,  ib. 
A  bond  to  the  overseers  of  the  poor,  198 
Form  of  a  recognizance  to  appear  at  the  nexl  ses- 


INDEX. 


Form  of  a  warrant  for  apprehending  the  mother, 
and  summoning  the  reputed  father,  previous  to 

making  the  order,  200 

An  order  of  bastardy,  ib. 

Form  of  commitment  for  not  obeying  order,  202 

The  condition  of  a  recognizance  to  appear  at  the 

next  general  sessions,  ib* 

Form  of  a  warrant  to  seize  the  estate  of  a  father  of 

a  bastard  child  who  has  absconded,  203, 

A  bond  to  indemnify  a  town  in  case  of  bastardy,  77 
BILLS,  BON  DS  &  NOTES  for  the  payment  of  money 

Practical  remarks  concerning,  66 

Notes,  68 

Form  of  an  indorsement,  ib. 

A  penal  bill,  ib. 

A  single  bill,  69 
BOX  OS, 

Bond  with  a  condition  from  one  to  one,  ib. 

With  condition  from  two  to  one,  ib. 
Condition  for  payment  of  an  annual  sum  to  one 

person  during  life,  70 

Condition  for  payment  of  money  at  several  days,  ib. 

Condition  for  payment  of  money  quarterly,  71 

In  judgment,  ib. 

BONDS,  special  conditions  of,  72 
Condition  of  a  bond  of  indemnity  to  one  bound  for 

the  obligor  in  a  bond  for  payment  of  money,  ib. 
Counter  Bond,  where  one  is  bail  for  another  on  a 

bail  bond,  ib. 

Condition  to  make  and  deliver  conveyances,  73 

To  execute  an  assignment,  74 

To  seal  and  deliver  the  counterpart  of  a  deed,  ib. 

Condition  for  the  letting  of  cows,  ib. 

Condition  to  keen  a  person  during  life,  75 
Condition  of  a  bond  to  procure  an  heir  at  law  to 

conv  ey  when  of  age, and  for  quiet  enjoyment  &c  ib. 
Condition  to  marry  a  certain  person,  or  pay  a  sum 

of  money,  7Q 

Condii ion  of  a  bond  for  performance  of  covenants,  ib. 

To  indemnify  a  town  in  case  of  bastardy,  77 

To  the  sheriff  for  the  limits,  78 

Bail   ond,  79 

Common  bond  of  arbitration,  61 


INDEX. 


BILLS  of  SALE,  practical  remarks  concerning  7p 

Bill  of  sale  of  goods,  ib. 

Of  goods  in  nature  of  a  mortgage,  80 

Of  goods  on  condition  to  maintain,  &c.  81 

Of  an  enrolled  or  registered  vessel,  82 

Of  part  of  a  ship  by  indenture,  83 
C 

CHARTER  PARTY  of  assignment,  31 

COMPOSITION  with  creditors,  34 

CONFIRMATION,  Deeds  of,  98 
CONTRACTS,  See  Agreements. 
CONVICTION,  under  the  act  for  regulating  Inn3  and 

Taverns,  233 
Record  of,  before  Magistrates,  227 
Under  the  law  for  suppressing  immorality,  229 
CO-PARTNERSHIP,  Indenture  of,  between  two  Book- 
sellers, 10 
Articles  of,  for  carrying  on  a  joint  trade,  1 8 
An  agreement  to  continue  a  partnership,  20 
Agreement,  indorsed  on  articles  of  copartnership 

for  continuing  the  same,  with  covenants,  21 

Deed  of  dissolution,  23 
COPY  RIGHT  FOR  BOOKS,  mode  of  obtaining,  see 
patents, 

CORONER'S  precept  to  summon  a  jury,  209 

Jurors  oath  on  a  coroner's  inquest,  ib. 

Oath  of  a  witness  on  a  coroner's  inquest,  2 1 0 

Inquisition  of  murder,  ib. 

Where  one  is  wilfully  poisoned  211 

Where  one  hangs  himself,  212 

Where  one  is  drowned  by  accident,  213 

Where  one  dies  a  natural  death,  ib. 

Upon  one  who  dies  in  gaol,  ib. 

On  one  non  compos  mentis,  ib. 

On  one  for  cutting  his  throat,  214 

For  killing  another  in  his  own  defence,  ib. 

Where  the  murderer  is  unknown,  '216 
Recognizance  to  bind  over  witnesses  on  indictment 

before  a  coroner,  ib. 
COVEN  \NTS.    See  agreements. 

CREDITORS,  composition  with,  34 

D 

DEBTOR,  leiter  of  licence  to,  33 

DEEDS,  practical  remarks  concerning,  85 


INDEX.  vn 

Acknowledgment  of,  &c.  86 

Proof  of,  &c.  ibj 
Deed  without  covenants,  8/ 

With  covenants  against  the  grantor  only.  88* 

With  full  covenants,  89 

Of  lands  on  sale  by  mortgage,  92 
Deeds  of  feoffment,  9' 
Deeds  of  confirmation,  9S 
Deeds  of  exchange,  99 

Exchange  of  lands  for  a  term  of  years,  1 00 

Deeds  of  gift,  103 

Of  lands,  H) 
Deeds  of  partition,  104. 

Of  lands  descended,  ib. 

Between  tenants  in  common,  105 
Deeds  of  surrender,  106 

Surrender  of  a  term  of  years  to  the  person  having 
the  reversion,  ib. 

Surrender' of  a  lease  by  indorsement,  ib. 

Surrender  of  a  lease  to  the  lessor  by  indorsement,  107 
Deeds  of  release,  108 

Release  by  a  mortgagee  to  the  mortgagor,  of  part  of 
the  mortgaged  lands,  part  of  the  money  being  paid,  ib. 

Of  release  of  dower,  109 

Of  release  of  dower  by  indorsement  on  deed,  i1). 

Of  release  from  a  mortgagor  to  a  mortgagee  in  fee, 
in  consideration  of  money  due  on  mortgage,  110 

Quit  claim,  88 

Sheriff's  deed,  94 
Deed  of  gift  of  a  personal  esta(e>  1 13 

By  a  father  to  a  son  of  his  personal  property,  the 
son  to  pay  his  father's  debts,  and  to  allow  him  an 
annual  sum  :  on  default  of  payment,  the  lather 
to  re-enter,  &c.  114 

Of  goods  to  be  used  by  the  giver  during  life,         1 16 

A  grant  of  an  annuity  by  indenture,  117 
Deeds,  of  Lease  and  Release, 

The  Lease  to  precede  the  Release,  95 

The  Release,  9C 
DISTRESS  for  RENT,  practical directionson,  183 

Warrant  of  distress,  1 84 

Form  of  the  inventory,  ib. 

Notice  to  the  tenant  ib, 


viii. 


INDEX. 


Appraiser's  oath, 

Directions  for  disposing  of  goods  taken  ic.  ib. 
DOWER,  release  of,  1 09 

Release  of,  by  indorsement  on  a  deed,  ib. 
E 

EXCHANGE,  deed  of,  99 
Of  lands  for  a  term  of  years,  100 
F 

FELONY,  form  of  examination  of  person  charged  with,  222 
Form  of  the  information  or  complaint  of  a  felony 

commt  led,  ib. 
Form  of  a  mittimus  for,    '  224 
Form  of  a  justice's  order  on  county  treasurer  for  com- 
pensation to  constable  for  apprehending  felon,  242 
FEOFFMENT,  deed  of,  with  a  memorandum  of  livery 

and  seisin  indorsed  on,  97 
FEES,  of  justices  of  the  peace,  under  the  act  to  pre- 
vent forcible  entries  and  detainers,  &c.  Sec.  243 
Of  constables  in  distraining  for  rent,  &c.  &c.  ib. 
Of  coroners,  244 
FORCIBLE  ENTRY  &  DET  AINER,  proceedings  inl88 
Record  of  a  forcible  detainer  upon  view,  ib. 
Mittimus  for  a  forcible  detainer,  189 
Precept  of  the  sheriff  to  return  a  jury,  ]  90 

Notice  to  person  complained  of,  ib. 
The  juror's  oath,  191 
The  inquisition,  indictment,  or  finding  of  the  jury,  ib. 
Form  of  the  traverse,  1 92 

Form  of  a  warrant  or  precept  for  a  new  jury  to  try 

the  traverse,  ib. 
Form  of  the  oath  to  be  administered  to  the  jury,  193 
Warrant  to  the  sheriff  to  make  restitution,  ib. 
Form  of  a  certiorari,  to  remove  into  the  supreme 
court  an  indictment  for  a  forcible  entry  and  de- 
tainer, from  before  a  justice  of  the  peace,  195 
G 

GIFTS  and  GRANTS,  practical  remarks  concerning,  1 13 
Deed  of  gift  of  a  personal  estate.  ib. 
By  a  father  to  a  son  of  his  personal  property,  The 
son  to  pay  his  father's  debts,  and  to  allow  him 
an  annual  sum; on  default  of  payment, the  fath- 
er to  re  enter,  <£c.  114 
Of  goods  to  be  used  by  the  giver  during  life,  1 1 6 

A  grant  of  annuity  by  indenture,  1 1 7 


INDEX. 


ix. 


I 

IMMORALITY,  form  of  conviction,  under  the  law  for 

suppressing,  229*. 
Form  of  the  information,  ib;v 
Summons  thereon,  230 
Warrant  for  collecting  penalty,  ib. 

INDENTURES.    See  apprentices, 

INFORMATION,  against  a  person  for  felony,  217 

INQUISITIONS.    See  coroners 

INNS,  oath  to  be  taken  by  commissioners  before  the 

granting  of  any  licence,  231 
Form  of  a  permit  for  an  inn,  232 
Recognizance  by  the  inn  keeper,  ib. 
Conviction  against  an  innkeqier,  233 
Resolution  of  commissioners,  234 
Licence  to  retail  liquor,  ib. 

INVALID  PENSIONERS,  power  to  receive  pensions  157 

J 

JUSTICES'  COURT,  forms  of  proceedings  in,  under 

the  twenty  five  dollar  act,  235 
A  summons,  ih. 
A  warrant,  ib. 
Plea  of  title  in  an  action  of  trespass  for  breaking 

plaintiff's  close,  and  cutting  timber,  &c.  ib. 
Form  of  a  recognizance  to  be  entered  into  on  ten- 
dering a  plea  of  title,  before  a  justice  of  the  peace  236 
A  venire  for  a  jury,  237 
A  Subpoena,  ib. 
An  execution,  238 
Advertisemennt  of  sale  by  constable  on  execution,  ib. 
Security  to  be  given  when  plaintiff  is  a  non-resident 

and  demands  a  warrant,  ib. 
Security  to  be  given  when  defendant  is  brought  up 

on  a  warrant  and  applies  for  a  postponement,  239 
Bond  required  before  attachment  issues,  ib. 
Attachment  against  absent  or  absconding  debtor,  2d0 
Bond  to  be  given  to  the  plaintiff  on  the  attachment 

to  prevent  the  goods,  &c.  being  removed,  ib. 
Juror's  Oath,  241 
Oath  or  affirmation  of  witness  to  give  evidence,  ib. 
Special  form  of  an  oath  used  by  some  denominations 
of  christians  with  the  uplifted  hand,  ib. 
Oath  or  affirmation  of  a  witness  or  juryman  on  his  voire 

dire,  ibs 


X. 


INDEX. 


"  Constable's  oath,  242 
Form  of  indorsement  on  execution  when  the  party 

is  entitled  to  exemption  from  imprisonment,  ib. 
L 

LEASES,  practical  remarks  concerning,  118 

A  lease  of  a  house,  1  ]  9 

A  building  lease,  121 

A  lease  for  years,  124 

A  lease  for  lives,  128 

A  lease  in  perpetuity,  131 

LEASE  &  RELEASE,  the  lease  to  precede  the  release,  95 

Thf  release  96 

LETTER  of  ATTORNEY.    See  attorney. 

LETTER  of  LICENSE,  to  a  debtor,  33 

LIVERY  and  SEISIN,  manner  of  indorsing,  98 

M 

M  A  Cf  and  WJFE,  separation  between,  37 

MARRIAGE,  articles  of,  36 

MILITI  A,  warrant  of  a  non-commissioned  officer,  245 

To  a  non-commissioned  officer  to  warn  men,  ib. 

To  levy  a  fin«5  for  misbehaviour  while  under  arms,  246 
Of  the  president  of  a  court  martial  to  sergeant  to 

summon  delinquents,  247 
Of  tbe  president  of  a  court  martial  to  constable  to 

collect  fines. of  delinquents,  ib. 

MORTGAGES,  practical  remarks  concerning,  134 

A  mortgage  of  land,  with  a  power  of  sale,  135 

To  a  person  who  has  become  security,  136 

For  a  term  of  years,  139 

Of  goods,  141 

By  indorsement,  142 

Conveyance  of  land  on  sale  by,  92 
Conditions  of  sale  where  property  is  sold  at  auction 

on  a  mortgage  sale,  &C  2 

Agreement  on  a  purchase  at  such  sale,  3 
N 

NOTES,  Promissory,  &c.    See  bills,  &c. 

O 

OATH,  to  be  taken  by  appraisers  of  goods  taken  by 

distress,  186 
P 

PARTITION,  Deeds  of,  104 

Of  lands  descended,  ib. 


INDEX. 


3ti. 


Between  tenants  in  common,  105 
PENSIONERS,  invalid,  power  to  receive  pensions,  157 
PATENTS,  practical  remarks  concerning,  143 
Proceedings  to  obtain,  145 
Form  of  record  of  books,  ib. 
POOR,  proceedings  under  the  poor  laws,  204 
Order  for  the  relief  of  a  pauper,  ib. 
Warrant  of  two  justices  for  a  pauper  to  be  examin- 
ed concerning  his  settlement,  ib. 
Form  of  a  general  order  of  removal,  205 
Notice  of  appeal  from  an  order  of  removal,  206 
A  certificate,  ib. 
Acknowledgment  of  the  certificate  before  a  justice 

with  hi3  approbation  thereof,  207 
Notice  to  overseers  t  hat  a  person  belonging  to  their 
town  is  unable  to  be  removed,  and  requesting 
them  to  provide  for  him,  208 
A  warrant  to  seize  the  goods,  and  let  out,  and  re- 
ceive the  rents  of  real  estates  of  husbands  or 
parents  who  runaway  from  their  families,  ib. 
POWERS  of  ATTORNEY.    See  attorney. 

R 

RECOGNIZANCES,  general  form  of,  with  sureties,  213 
Condilion  of,  for  the  peace  or  good  behaviour,  219 
To  answer  to  an  indictment  for  an  assault  and 

battery,  ib. 
To  prosecute  and  give  evidence,  222 
Condition  of,  to  give  evidence,  223 
With  sureties.  ,  226 

Without  sureties,  227 
RELEASE,  Deeds  of.    See  Deeds. 
RENT,  Distress  for,  183 
REPLEVIN  BOND,  187 
RELEASES,  or  ACQUITTANCES,  practical  re- 
marks concerning,  160 
Made  in  pursuance  of  an  award,  ib. 
Of  a  trust, 

Of  a  legacy,  161* 
From  a  legatee  on  his  coining  to  age,  16$ 
To  any  executor  very  special,  ib. 
General  release  from  one  to  one,  165 
From  two  to  one,  ib. 
Between  two  traders  on  settling  accounts,  166* 
To  a  guardian, 


xii. 


INDEX. 


S 

SEARCH  WARRANT,  form  of,  221 
Form  of  complaint  to  obtain,  220 
SEP  ARATION,  between  a  man  and  his  wife  37 
SHERIFF'S  DEED,  94 
SUR£TYOFTHEPEACE,oathofpersondemanding,218 
SUKRENDER,  Deeds  of,  106 
Of  a  term  of  years  to  the  person  having  the  reversion,  ib 
Of  a  lease  by  indorsement,  ib 
Of  a  lease  to  the  lessor  by  indorsement,  107 
T 

TAVERNS,  See  Inns. 

TOWN  OFFICERS,  appointment  by  three  justices,  231 
W 

WARRANTS  OF  ATTORNEY,  See  attorney. 

Warrants,  for  an  assault  and  battery,  216 
To  apprehend  a  burglar,  ib. 
For  felony,  217 
For  peace  or  good  behaviour,  218 
Search  warrant;  221 
For  commitment  for  want  of  sureties,  219 
For  a  witness,  223 
To  apprehend  affrayers,  224 
For  a  barrator,  225 
Of  two  justices  to  apprehend  an  offender,  ib. 
To  apprehend  a  person  for  coining  money  and  to 

seize  his  instruments,  &c.  226 
For  collecting  penalty,  230 

WARRANTS,  MILITARY,  See  Militia. 

WILLS,  practical  remarks  on,  167 

Form  of  a  will,  with  the  devise  of  a  real  estate,  lease- 
hold, &c.  168 

Codicil  to  a  will,  169 

Clause  concerning  disputes  about  any  gift  in  a  will,  ib 

Proviso,  that  the  sums  advanced  by  Testator  in  his 
life  time,  to  his  children,  shall  be  taken  as  part  of 
portion,  1 70 

Appointment  of  Guardianship,  ib. 

Devise,  from  a  husband  to  his  wife  of  an  estate  for 
life  in  lieu  of  dower,  remainder  to  his  children  as 
tenants  in  common,  171 

Form  of  a  will  of  lands,  ib. 
Of  goods,  172 
Of  lands  and  goods; 


Cleric  Sf&Kptant 


OF  CONTRACTS,  AGREEMENTS,  AND  COVE 
NANTS. 

PRACTICAL  REMARKS. 

A  contract  is  an  agreement  upon  sufficient  considers- 
lion  to  door  not  to  do,  a  particular  thi;i£?. 

Contracts  by  our  laws,  are  distinguished  into  agree- 
ments by  specialty,  made  by  instrument  under  seal,  and 
agreements  without  specialty,  made  by  instrument  without 
seal  or  by  parol. 

Agreements  by  specialty,  are  generally  of  higher  con- 
sideration in  the  law,  than  agreements  without  specialty  ; 
and  it  is  therefore  advisable,  in  contracts,  to  add  a  seal. 

There  is  no  difference  in  effect,  Iwtween  an  agreement 
in  w  riting  without  seal,  and  by  parol,  except  that  the  for- 
mer, can  be  more  easily  proved,  and  is  therefore  always  to 
be  preferred. 

In  a  few  cases  however,  the  law  requires,  that  the  con- 
tract should  be  put  in  writing,  and  signed,  to  make  it  bind- 
ing, as 

1.  All  contracts  conveying  .lands  or  any  interest  in 
them. 

2.  Agreements  not  to  be  performed  in  one  year  from  the 
making  of  them. 

3.  Agreements  made  upon  consideration  of  marriage. 

4.  Promises  to  answer  for  the  debt,  default,  or  miscar- 
riage, of  another  person  : 

5.  Or  to  eharge  an  executor  or  administrator  to  answer 
damages  out  of  his  own  estate — and 

fx  Contracts  for  t  he  sale  of  goods  to  the  amount  of  $25 
when  there  is  no  delivery  or  payment,  and  no  earnest  giv- 
en to  bind  the  bargain  ;  but  any  sum  how  ever  small  will  be 
•ufficient  earnest. 

A 


ARTICLES  OF  AGREEMENT. 


Agreement  for  sale  of  anestate  by  private  con- 
tract. 

Articles  of  agreement  made  and  entered  into  this  

day  of  between  A  B  of  &c.  of  the  one  part  and  C  D 

of  &c.  of  the  other  part  as  follows  :  The  said  A  doth  hereby 
agree  with  the  said  B  to  sell  to  him  the  lot  of  ground  Sec. 

tor  the  sum  of         ;  and  that  he  the  said  A  shall  and  will 

on  the  day  of  next  on  receiving  from  the  said 

B  the  said  sum  at  his  own  cost  and  expense,  execute  a 
proper  conveyance  for  the  conveying  and  assuring  the  fee 
simple  of  the  said  premises  to  the  said  B  free  from  all  in- 
cumbrances, which  conveyance  shall  cantain  a  general 
warranty  and  the  usual  full  covenants.  And  the  said  B 
agrees  with  the  said  A  that  he  the  said  B  shall  and  will 

on  the  said  —  day  of  next,  and  on  the  execution 

of  such  conveyance  pay  unto  the  said  A  the  sum  of  — » 
aforesaid.  And  it  is  further  agreed  between  the  parties  a- 
foresaid  as  follows — That  the  said  A  shall  have  and  retain 
the  possession  of  the  property  and  receive  and  be  entitled 
to  the  rents  and  profits  thereof,  until  the  said  —  day  of 

 next;  when  and  upon  the  delivery  of  the  conveyance 

the  possession  is  to  be  delivered  to  the  said  B.  And  it 
is  understood  that  the  stipulations  aforesaid  are  to  apply  to 
and  to  bind  the  heirs,  executors  and  administrators  of  the 
respective  parties.  And  in  case  of  failure  the  parties  bind 
themselves  each  unto  the  other  in  the  sum  of  —  which 
they  hereby  consent  to  fix  and  liquidate  as  the  amount  of 
damages  to  be  paid  by  the  failing  party  for  his  non-perform- 
ance. In  Witness  whereof  the  parties  have  hereunto  set 
their  hands  and  seals  the  day  and  year  aforesaid. 

Condition  of  sale,  where  property  is  sold  at 
auction  as  a  mortgage  sale,  fyc. 


Conditions  of  sale  of  a  lot  of  land,  &zc. 

1.  That  the  highest  bidder  shall  be  the  buyer  ;  and  if 
any  dispute  arise  as  to  the  last  or  best  bidder,  the  property 
shall  be  put  up  at  a  former  bidding. 

2.  That  no  person  shall  without  the  assent  of  the  auc- 
tioneer advance  less  at  any  bidding  than  -r—  dollars  or 
retract  hie  bidding. 


ARTICLES  OF  AGREEMENT. 


3 


3.  That  the  purchaser  shall  within  one  hour  after  the 
property  is  struck  off  to  him  pay  down  a  deposit  in  the  pro- 
portion of  dollars  for  every  hundred  dollars  of  the 

purchase  money  into  the  hands  of  the  auctioneer,  and  sign 
an  agreement  for  payment  of  the  remainder  on  the  — . 

day  of  next  at  :  at  which  time  and  place  the 

purchase  is  to  be  completed. 

4.  That  upon  payment  of  the  remainder  of  the  purchase 
money  at  the  time  and  place  aforesaid,  the  vendor  shall 
at  his  own  expense  convey  the  property  to  (he  purchaser 
by  a  proper  instrument,  with  general  warranty  and  full  cov- 
enants. 

5.  If  the  purchaser  shall  neglect  or  fail  to  comply  with 
these  conditions  his  deposit  money  if  any  is  paid,  shall  be 
forfeited  to  the  vendor  who  sfeftti  be  at  liberty  to  re-stll  tbe 
property  at  public  auction  ;  and  the  deficiency  (if  any)  oc- 
casioned by  such  second  sale,  together  with  all  expenses 
attending  the  same  shall  immediately  after  the  said  sale 
be  made  good  to  the  vendor  by  the  defaulter  at  this  present 
sale  :  and  in  case  of  the  non-payment  of  the  same  the 
whole  thereof  shall  be  recoverable  by  the  vendor  as  and 
for  liquidated  damages. 

March  14,  1313. 

A  B  Auctioneer. 

Agreement  on  a  purchase  at  such  sale. 

A  B  having  become  the  purchaser  of  the  within  men- 
tioned property  at  the  sum  of  dollars,  and  having 

paid  unto  C  D  the  agent  of  the  vendor  the  sum  of  dol- 
lars as  a  deposit  and  in  part  payment  of  the  purchase  mcs 
ney. 

Now  I  the  said  A  B  do  agree  to  pay  the  remaining  sum 

of          dollars  unto  the  vendor  at  on  the  day  of 

 next,  and  in  all  other  respects  on  my  part  to  fulfil  the 

Tv  ithin  conditions  of  sale. 

And  I,  E  F  the  agent  of  the  vendor,  do  agree  that  he 
shall  in  all  respects  fulfil  the  said  conditions  of  sale  on  his 
part.    Dated  March  14,  1813. 


4 


ATICLES  OF  AGREEMENT. 


An  agreement  for  building  a  house. 

BE  it  remembered,  That  on  this           day  of  it  is 
agreed  between  A  B  of          and  C  D  of  in 

manner  and  form  following,  viz.  the  said  C  D  for  the  con- 
siderations hereinafter  mentioned,  doth  for  himself,  his 
heirs,  executors  and  administrators,  covenant  with  the  said 
A  B  his  executors,  administrators  and  assigns,  that  he 
the  said  C  D  or  his  assigns,  shall  and  will,  within  the 
space  of  —  next  after  the  date  hereof,  in  a  good  and 
workmanlike  manner,  and  at  his  own  proper  charge  and 

expense,  at  well  and  substantially  erect,  build  and 

finish  one  house,  or  messuage,  according  to  the  draught, 
scheme  and  explanation  hereunto  annexed,  with  such 
stone,  brick,  timber  and  other  materials,  as  the  said  A  B  or 
his  assigns,  shall  find  and  provide  for  the  same  :  In  con- 
siikralion  whereof  the  said  A  B  doth  for  himself,  his  exec- 
utors and  administrators,  covenant  with  the  said  C  D  hia 
executors,  administrators  and  assigns,  well  and  truly  to 
pr.y  unto  the  said  G  D,  his  executors,  administrators  or  as- 
signs, the  sum  of  of  lawful  money  of  — -  in  manner 

following,  viz.   part  thereof  at  the  beginning  of  the 

said  work   more  another  part  thereof  when  the  said 

work  shall  be  half  done,  and  the  remaining  — —  in  full 
for  the  said  work,  when  the  same  shall  be  completely 
finished  :  And  also  that  he  the  said  A  B  his  executors, 
administrators  or  assigns,  shall  and  will,  from  time  to  time 
as  the  same  shall  be  required,  at  his  and  their  own  proper 
expense,  fiad  and  provide,  stone,  brick,  timber,  and  other 
materials  necessary  for  making,  building,  and  finishing  the 
said  house.  And  for  the  performance  of  all  and  every  the 
articles  and  agreements  above  mentioned,  the  said  A  B 
and  C  D  do  hereby  bind  themselves,  their  executors,  ad- 
ministrators and  assigns,  each  to  the  other,  in  the  penal 

sum  of   firmly  by  these  presents. 

In  witness,  &e. 

Articles  for  rebuilding  of  Mills. 

ARTICLES  of  agreement  made,  &c.  between  A  B  of, 
&c.  of  the  one  part,  and  G  H  of  &c.  of  the  other 

part. 

Firstx  The  said  G  H  for  the  consideration  herein  after 


ARTICLES  OF  AGREEMENT.  5 


mentioned  doth  promise  and  agree,  to  and  with  the  said  A 
B,  his  executors,  administrators  and  assigns,  that  he  the 
said  G  H  shall  on  or  before,  &c.  repair  and  go  to,&c.  and 
there  in  a  good  and  workman  like  manner,  by  and  with 
the  directions  of  the  said  A  B  well  and  sufficiently  rebuild, 
or  cause  to  be  rebuilt,  the  mills  of,  &c.  wirhsuch  materials 
and  workmen  to  be  employed  under  him,  as  the  said  A  B, 
his  executors,  administrators  or  assigns,  shall  find,  and  pro- 
vide  for  the  same. 

In  consideration  whereof,  the  said  A  B  doth  hereby  for 
himself,  his  heirs,  executors  and  administrators,  promise 
and  agree  to,  and  with  the  said  G  H  to  pay,  or  cause  to  be 
paid  to  the  said  G  H,  his  executor?,  administrators  or  as- 
signs, for  all  such  time  as  he  shall  be  employed  as  afore- 
said, in  rebuilding  the  mills  aforesaid,  weekly  and  every 

week,  the  wages  of  dollars,  <£*c.  and  so  in  proportion 

for  a  less  time  than  a  week,  to  be  paid  to  him  the  said  G  H 
by  the  said  A  B  at,Ecc.  And  also  that  he  the  said  A  B  shall 
and  will  pay,  or  cause  to  be  paid, to  him  the  said  G  H  over 

and  above  the  wages  aforesaid,  the  sum  of   in  manner 

following,  that  is  to  say  :  —  thereof,  to  be  paid  down  in 
hand,  and  —  to  be  paid  him  on  the  finishing  of  the  re- 
building of  the  mills  aforesaid,  to  the  satisfaction  and  good 
liking  of  him  the  said  A  B,  his  executors,  administrators 
or  assigns. 

And  lastly,  The  said  G  H  doth  promise  and  agree  to,  and 
with  the  said  A  B,  his  executors,  administrators  and  as- 
signs, that  he  the  said  G  H  shall  not  absent  himself  or  de- 
part from  the  work  and  rebuilding  aforesaid,  without  leave 
in  writing  first  had  and  obtained  from  the  said  A  B.  And 
that  if  he  shall  absent  himself  or  depart  from  such  work  or 
building  without  such  leave,  that  he  will  pay  to  the  said  A 

B  for  every  day  of  such  absence,  and  the  said  G  H 

hereby  consents  that  such  sums  as  may  become  due  under 
this  clause  may  be  stopped  and  deducted  by  the  said  A  B, 
his  executors,  administrators  or  assigns,  out  of  the  wagei 
aforesaid,  if  any  shall  be  due.    In  witess,  &c. 

A2 


8 


ARTICLES  OF  AGREEMENT, 


Articles  between  a  Merchant  ttfhisJlpprentiee* 

ARTICLES  of  agreement  indented,  made,  &c  be- 
tween A  B  of,  Sec.  of  the  one  part,  and  C  D  son  of 
E  D  of,  &c.  and  the  said  E  D  of  the  other  part,  in  manner 
following,  that  is  to  say  : 

Whereas  the  said  A  B  on  the  day  of  the  date  of  these 
presents,  in  consideration  of  the  affection  which  he  hath 
and  heareth  to  the  said  C  I)  is  contented  to  take  the  said 
C  D  to  be  his  apprentice  or  servant  in  merchandizing  af- 
fairs :  and  to  employ  him  therein,  as  well  in  parts  beyond 

the  seas,  as  in  the  state  of   where  the  said  A  B  shaft 

or  may  hereafter,  or  now  hath  trading  and  dealings,  for  the 
space  of  seven  years,  to  commence  from,  &c.  And  there- 
upon the  said  E  D  father  of  the  said  C  D  doth  covenant 
and  agree  to  and  with  the  said  A  B  his  executors,  ad- 
ministrators and  assigns,  in  manner  follow  ing,  that  is  to 
say  : 

First,  That  the  said  C  D  his  son,  shall,  during,  the  said 
term  of  seven  years,  (if  he  so  long  live)  diligently  and  faith- 
fully, to  the  utmost  of  his  power  and  skill,  serve  him  the 
said  A  B  in  his  trade  of  merchandizing,  and  other  his  law- 
ful affairs,  in  such  place  and  places,  as  he  the  said  A  B 
shall  think  fit  to  appoint :  And  that  the  said  C  D  at  all 
times  hereafter,  during  the  said  term,  shall  receive  and  take 
into  his  charge  and  custody,  all  such  goods,  wares  and 
merchandizes  whatsoever,  as  by,  or  for  the  use  or  account 
of  the  said  A  B  shall  be  consigned  or  sent  to  him  the  said 
C  D  or  which  he  shall  any  way  be  entrusted  with  :  And 
also  sell,  utter  and  dispose  of  the  same  goods,  wares  and 
merchandizes  to  the  best  profit  and  advantage  iie  can,  for 
the  said  A  B,  his  executors,  administrators  and  assigns  : 
And  shall  also,  during  the  said  term,  duly  follow  and  per- 
form the  advice,  directions  and  orders  of  him  the  said  A  B 
which  shall  by  letter,  or  otherwise,  be  sent,  given,  or  made 
known  to  him  the  said  C  D  about  or  concerning  the  mer- 
chandizing and  business  aforesaid. 

And  that  he  the  said  C  I>  shall,  at  the  proper  costs  and 
charges  of  the  said  A  B,  his  executors  or  administrators,, 
provide  and  keep  in  good  and  due  order,  the  books  of  ac- 
counts concerning  his  said  employment  as  aforesaid,  ac- 
cording to  the  custom  of  merchants  in  such  cases  :  And 
shall  deal  justly  and  faithfully  to  and  with  the  said  A  B? 


ARTICLES  OF  AGREEMENT,  ? 


his  executors,  administrators  and  assigns,  in  all  and 
every  his  accounts,  reckonings,  bargains,  and  dealings, 
relating  to  his  said  employment  :  And  shall  constantly,, 
once  in  six  months,  during  the  term  aforesaid,  transmit 
and  give  in  to  the  said  A  B,  his  executors,  administra- 
tors, or  assigns,  true  accounts  of  all  the  business  and 
dealings  of  him  the  said  C  D  in  the  premises  ;  And  shall 
also  send  letters  of  advice  to  the  said  A  B  when  abroad-, 
of  all  occurrences  wherewith  it  shall  he  proper  the  said 
A  B  should  be  acquainted.  And  it  is  further  agreed  that 
the  said  C  D  shall  from  time  to  time,  upon  reasonable  re- 
quest, shew  and  produce  all  his  hooks  of  accounts  con- 
cerning his  dealings  aforesaid,  and  make  and  give  unto- 
the  said  A  B,  his  executors,  administrators  or  assigns,  a 
just,  true,  and  faithful  account  in  writing,  of,  for,  and  con- 
cerning all  and  every  such  goods,  wares-,  money,  debts 
and  merchandizes  whatsoever,  as  well  of  the  said  A  B 
for  his  own  proper  use,  a3  jointly  with  any  ether  person, 
or  persons,  which  shall  hereafter  come  to  the  hands  05 
charge  of  him  the  said  C  D,  or  for  which  the  said  C  I) 
should  or  ought  to  be  accountable  unto  the  said  A  B,  his* 
executors,  administrators  or  assigns  :  And  likewise  that 
he  the  said  C  D  shall,  within  one  month  next  after  sccli 
account  made  and  given  him  in,  well  and  truly  pay  and 
deliver  to  the  said  A  B,  his  executors,  administrators  or 
assigns,  all  and  every  such  wares,  money,  goods,  debts* 
merchandizes,  and  other  things  whatsoever,  as  by  or  upon 
the  foot  of  the  said  final  account  shall  appear,  and  be  found 
due  and  belonging  to  him  the  said  A  B,  his  cxeculors;.aaV 
miuistrators  or  assigns,  by  or  from  the  said  C  D. 
In  witness,  <&c. 

To  make  an  Assignment  of  a  Lease, 

Article,  &c.  1 

WHEREAS  J  B  hath  by  his  deed  indented,  dated, 
&c.  demised,  and  to  farm  letten  unto  the  said  A  B, 
all  that  messuage,  &c.  To  have  and  to  hold  to  him  the 
said  A  B,  his,  &c.  {reciting  the  lease)  as  by  the  said  deed 
more  fully  appears  :  Now  the  said  A  B,  in  consideration, 
&c.  doth  hereby  for  himself,  &c,  That  he  the  said  A  B, 
before  the,  &c.  day  of,  &c.  shall  and  will,  at  the  costs  of 


*  ARTICLES  OF  AGREEMENT. 


him  the  said  C  D,  his  executors  or  administrators,  by 
deed  indented,  assure,  assign  and  grant  over  to  the  said 
C  D,  his,  &c.  (he  said  messuage,  <£c  and  all  his  estate, 
right,  title,  and  demand  therein  :  To  have  and  to  hold  to  the 
said  C  D,  his,  &c.  during  the  residue  of  the  said  term  of 
years  then  to  come,  of,  in  and  to  the  same,  by  virtue  of  the 
said  deed  indented,  under  the  rents,  covenants,  and  agree- 
ments, therein  specified.    In  witness,  &c. 


An  agreement  for  an  hired  servant. 

ARTICLES  of  agreement,  indented, &c.  between  W  S 
of  the  one  part,  and  VV  M  of  the  other  part,  as  fol- 
lows, viz- 

The  said  W  M  for  the  consideration  herein  mentioned, 
doth  covenant,  promise  and  agree,  to  and  with  the  said 
W  S,  his  executors,  administrators  and  assigns,  by  these 
presents,  in  manner  following,  that  is  to  say,  that  the  said 
W  M  shall  and  will  for  and  during  the  term  and  time  of 

 years,  to  begin  and  be  accounted  from  the  date  of 

v.hese  presents,  serve,  abide  and  continue  with  the  said 
W  S,  his  executors,  administrators  and  assigns,  his  and 
vheir  covenant  servant,  and  diligently  and  faithfully,  ac- 
cording to  the  best  and  utmost  of  his  power,  skill  and 
knowledge,  exercise  and  employ  himself  in,  and  do  and 
perform  such  service  and  business  whatsoever,  as  well 
relating  to  the  trade  of  which  the  said  W  S  now  useth,  as 
1:1  and  about  all  other  business,  matters  and  things  what- 
soever, as  the  said  W  S  shall  from  time  to  time  order, 
direct  and  appoint,  to  and  for  the  most  profit  and  advan- 
tage of  the  said  W  S,  that  he  can,  and  shall  and  will 
keep  the  secrets  of  the  said  W  S  relating  to  the  said 
irade  and  business  ;  and  likewise  be  just,  true  and  faith- 
ful to  the  said  W  S  in  all  matters  and  things,  and  no  ways 
wrongfully  to  detain,  embezzle,  or  purloin  any  monies, 
goods  or  things  whatsoever,  belonging  to  the  said  W  S. 
And  also  shall  and  will  keep  just,  true  and  faithful  ac- 
counts in  the  books  of  the  said  W  S,  of  all  goods  bought 
and  sold,  monies  received  and  paid,  and  all  other  things 
whatsoever,  relating  to  the  business  of  the  said  W  S  as 
shall  be  committed  to  his  care,  management  or  disposal ; 
and  from  time  to  time  shall  pay  all  monies  which  he  shall 


ARTICLES  OF  AGREEMENT, 


0 


receive,  of,  or  belonging  to,  or  by  order  of  the  said  W  8 
into  his  hands,  and  make  and  give  up  true  and  fair  ac- 
counts of  all  his  actions  and  doings  in  the  said  emplc}'- 
meut,  without  fraud  or  delay,  when  and  as  often  as  he  shall 
be  thereto  required.  And  in  consideration  of  the  premi- 
ses, and  of  the  several  matters  and  things  by  the  said 
W  M  to  be  performed  as  aforesaid,  the  said  W  S  doth  for 
himself,  his  executors  and  administrators,  covenant,  prom- 
ise and  agree,  to  and  with  the  said  W  M  by  these  presents, 
that  the  snid  W  S,  his  executors  and  administrators, 
shall  and  will  find  and  provide  unto  and  for  the  said  W  M 
in  his  dwelling  house,  meat,  drink,  washing  and  lodging  ; 
and  also  well  and  truly  pay,  or  cause  to  be  paid  unto 
the  said  W  M,  his  executors,  administrators  or  assigns, 

the  sum  of   a  year,  of  lawful  money  of           for  the 

first    years,  by  equal  quarterly  pajments,  and  shall 

Rnd  will  allow  the  said  W  M  such  reasonable  expens- 
es in  and  about  the  business  aforesaid  as  he  the  said 
W  S  shall  think  fit  :  And  said  parties  do  mutu;  !ly  cov- 
enant and  agree  to  and  with  each  other, viz.  Thatifthe  said 
W  S  shall  not  be  willing  to  continue  the  said  W  3tf  in 

his  service  after  the  expiration  of  the  said  years  : 

or  if  the  said  W  M  shall  not  bewillinj;  to  continue  with 

the  said  W  S  after  the  expiration  of  the  said  years  ; 

in  eiiher  of  the  said  cases  the  said  parties  shall  and  will 

give    months  notice  of  such  I  heir  mind  ami  inten^ 

lion,  before  the  expiration  of  the  said  term. 
In  witness,  &c. 


Minutes  of  agreement  on  a  sale  of  Wheat. 

MEMORANDUM:— It  is  agreed  by  and  between 
E  F  of,  &c,  That  he  the  said  G  H  in  considera- 
tion of  three  hundred  bushels  of  Wheat  sold  to  him  this 
day  by  the  said  E  F  and  by  him  agreed  to  be  delivered  to 
the  said  G  H  free  of  all  charges  and  expenses  whatsoever, 
at,  on  or  before,  &c.  next,  shall  and  will  pay,  or  cause  to 
be  paid  to  the  said  E  F  or  his  assigns  within  three  months 
after  such  delivery,  the  sum  of,  &c.  And  the  said  E  F  in 
consideration  of  the  agreement  aforesaid,  of  the  said  G  H 
doth  promise  and  agree,  on  or  before,  Ac.  aforesaid,  at  his 
own  proper  expense  to  sendiu  and  deliver  to  (be  said  G  H 


10  ARTICLES  OF  AGREEMENT. 


or  his  assigns,  the  said  three  hundred  bushels  of  wheat  so 
sold  him  as  aforesaid,  and  that  he  the  said  E  F  shall  and 
will  warrant  the  same  to  be  good,  clean  and  merchantable 
grain.  In  witness  whereof  the  parties  above  named  have 
hereunto  set  their  hands,  &c.    AVitness,  &c. 

Minutes  of  agreement  between  a  housekeeper 
an  A  his  lodger. 

MEMORANDUM  :— It  is  agreed  by  and  between 
E  F  of,  &c.  and  G  H  of,  &c.  as  follows,  viz.  The 
said  E  F  in  consideration  of  the  rent  herein?  fter  mention- 
ed and  agreed  to  be  paid  to  him,  hath  letten  to  the  said 
G  H  one  room,  up  two  flights  of  stairs  forwards,  part  of  the 
now  dwelling  house  of  the  said  E  F,  situate,  &c.  together 
with  the  furniture  at  present  standing  therein,  that  is  to 
say,  one  table,  &c.  To  hold  to  the  said  G  H  for  the  term  of 
two  years,  to  commence  from.  &c.  at  the  yearly  rent  of, 
&c.  to  be  paid  quarterly  to  the  said  E  F  at,  &c. 

The  said  G  H  in  consideration  hereof  agrees  to  pay  the 
aforesaid  yearly  rent  of,  <£c  at  the  times  above  limited  for 
payment  thereof ;  and  at  the  end  of  the  term,  or  in  case 
of  any  default  in  the  payment,  shall  and  will,  on  request  of 
the  said  E  F  or  his  assigns,  immediately  yield  and  deliver 
up  to  him  or  them,  the  peaceable  and  quiet  possession  of 
the  said  room,  together  with,  the  whole  furniture,  he  from 
the  first  entrance  thereon,  there  found  and  possessed,  In 
good  and  sufficient  plight  and  condition,  reasonable  wear 
and  tear  only  excepted.    In  witness,  &c. 

&n  Indenture  of  Co-partnership  between  twa 
Booksellers. 

THIS  Indenture,  made  the   day  of   in  the 
year  of  our  Lord  between  A  B,  gentleman  and 

stationer  of  of  theene  part,  and  C  D,  also  gentleman 

and  stationer  of  aforesaid,  of  the  other  part,  witness- 

eih,  that  the  said  A  B  and  C  D  having  had  experience  of 
each  other's  care  and  fidelity,  and  in  confidence  thereof, 
for  the  future,  have  agreed  upon  a  co-partnership  and 
joint  trade,  in  carrying  on  of  the  trade  of  printing  and 


ARTICLES  OP  AGREEMENT.  11 


bookselling,  and  therefore  each  of  them  doth  respective- 
ly, and  for  their  several  and  respective  executors  and 
administrators,  covenant,  promise  and  agree,  to  and  with 
the  other  of  them,  his  executors  and  administrators,  by 

these  presents,  that  from  and  after  the  day  of  

next  ensuing  the  date  of  these  presents,  they  the  said 
A  B  and  C  D,  shall  be  and  continue  co-partners  and 
joint  traders,  in  the  art,  trade,  mystery  and  business  of 
a  bookseller,  that  is  to  say,  in  buying,  selling,  vending, 
exchanging,  printing  and  uttering  of  all  sorts  of  books, 
and  other  things  incident  and  belonging  to  the  trade  of 
a  bookseller  ;  and  also  in  the  management  and  doing  of 
all  such  other  business,  as  they  shall  think  fit,  and  mu- 
tually agree  and  consent  to  trade  in,  for  and  during,  and 
until  the  full  end  and  term  of  seven  years,  from  thence- 
forth next  ensuing,  and  fully  to  be  complete  and  ended, 
if  they  shall  both  so  long  live.  And  for  the  carrying 
on  of  the  said  joint  trade,  €ach  of  the  said  parties  to  these 
presents,  doth  covenant,  promise,  grant  and  agree,  to 
and  with  the  other  of  them,  that  they  will  each  of  them 
bring  in  severally  into  the  said  joint  trade  and  stock, 
in  money  and  goods  to  be  used  in  the  said  (rade,  on 

or  before  the  said    day  of  —  next  ensuing  the 

date  hereof,  the  full  sum  or  value  of    of  lawful  mo- 

ney of  —  to  be  used  and  employed  in  the  said  joint 
trade,  upon  the  said  joint  account.  And  it  is  herein  and 
hereby  also  mutually  covenanted  and  agreed,  by  and  be- 
tween the  said  parties  to  these  presents,  that  the  said  trade 
of  a  bookseller  shall  be  carried  on  and  managed  at  the 

shop  and  warehouse  at  the  situate  in         or  at  any 

other  place  they  the  said  parties  to  these  presents  shall  a- 
gree  upon  for  the  purpose.  And  for  the  orderly  proceeding 
in  and  carrying  on  of  the  said  intended  trade  or  business, 
it  is  mutually  covenanted,  concluded  and  agreed  upon,  by 
and  between  the  said  parties  to  these  presents,  and  each 
of  them  doth  for  himself  respectively  covenant,  promise, 
grant  and  agree,  to  and  with  the  other  of  them,  his  execu- 
tors and  administrators,  by  these  presents,  in  manner  and 
form  following,  that  is  to  say  ;  that  they  the  said  A  B 
and  C  D  shall  be  just  and  faithful  to  each  other,  in  all 
their  buyiugs,  sellings,  accounts,  reckonings,  disburse- 
ments and  dealings  concerning  the  said  co-partnership, 
and  shall  each  of  them  endeavor  by  all  just  care  anddili- 


12  ARTICLES  OF  AGREEMENT. 


gence  to  advance  and  promote  the  said  joint  trade  ami 
stock,  without  fraud  or  deceit,  and  give  their  attendance 
upon  the  said  trade  ;  And  also  that  the  said  A  B,  his  ex- 
ecutors or  administrators,  shall  have  the  full  interest, 
right  or  property  of,  in  and  unto  one  moiety  or  half  part 
ofthesr.id  joint  stock  of  books,  copies  and  other  things 
belonging  to  the  said  co-partnership,  and  also  of,  in  and 
unto  all  the  gains,  profits  and  increase,  which  shall  arise, 
happen,  accrue  or  be  made  thereby  or  by  the  ordering  or 
employing  of  the  same,  or  by  any  credit  or  business  to  be 
by  them  managed  or  done  as  co-partners,  and  also  shall 
bear  and  pay  one  moiety  of  all  losses,  costs,  expenses,  or 
damages,  which  shall  at  any  time  happen,  arise,  or  come, 
or  be  expended  or  laid  out,  in,  about  or  concerning  the 
said  joint  trade  or  co-partnership  aforesaid,  in  any  wise 
whatsoever;  And  that  the  said  C  D,  his  executors  or  ad- 
mi  nistrators,  shall  have  the  full  interest,  &c.  of,  in  and 
unto  the  other  moiety  or  half  part,  &c.    [Here  go  on  ex- 
actly in  the  same  manner  as  in  the  foregoing  clause  ']  and 
each  of  them  the  said  A  B  and  C  D  doth  also  for  himself, 
his  executors  and  administrators,  covenant,  promise,  grant 
and  agree,  to  and  with  the  other  of  them,  his  executors 
and  administrators,  that  the  said  joint  stock,  and  also  the 
hayings,  sellings,  exchanging  of  books,  dealiugs,  gains, 
debts  and  credits,  which  shall  grow,  arise,  happen,  or 
be  made,  of,  or  by  means  of  the  said  joint  trade,  or  any 
thing  incident  or  belonging  thereunto,  shall  from  time  to 
time,  during  all  the  said  term  of  the  said  co-partnership, 
be  duly  entered  and  fairly  written  in  some  convenient 
book  or  books,  to  be  kept  for  that  purpose,  within  the 
shop  wherein  the  said  trade  is  to  be  driven  or  carried  on, 
in  such  manner  as  men  of  the  said  trade  use  or  ought  to 
do  ;  of  which  said  books  the  said  parties  to  these  presents, 
and  either  of  them,  their  respective  executors  or  adminis- 
trators, shall  freely  at  all  times,  as  well  during  the  contin- 
uance, as  after  the  expiration  of  the  co-partnership  afore- 
said, have  the  sight  and  perusal,  when  and  as  often  as  it 
shall  be  desired,  and  shall  have  liberty  to  transcribe  and 
copy  out  all  or  any  part  thereof,  without  any  let,  hin- 
drance or  denial  :  And  also  that  all  bonds,  bills,  notes, 
specialties,  and  securities  for  money  whatsoever,  at  any 
time  to  be  made  or  taken  for  any  matter  or  thing  concern- 
ing the  said  joint  stock  or  trade,  and  also  all  other  things 


ARTICLES  OF  AGREEMENT. 


13 


to  be  sold,  exchanged  and  delivered  out  of  the  said  joint 
stock  or  trade,  shall  be  made  and  taken  in  the  names  of 
the  said  A  B  and  C  D  and  for  their  joint  and  equal  use 
and  benefit ;  and  also,  that  no  more  than  —  a  week  shall 
be  taken  out  of  the  said  joint  stock,  by  either  of  the  said 
parties  to  these  presents,  until  notice  be  given  to  the  other 
of  them  ;  and  that  each  of  the  said  parties  shall  receive 
equally  at  the  same  time  out  of  the  said  joint  stock,  and 
not  the  one  more  than  the  other  of  them,  except  only 
money  to  be,  and  which  shall  be  necessarily,  laid  out  in 
the  said  stock  and  trade,  for  the  support  of  the  said  co- 
partnership :  And  also,  that  all  sum  and  sums  of  money 
to  be  taken  out  as  aforesaid,  either  to  be  divided  or  used 
in  trade,  shall  from  time  to  time  be  entered  into  the  said 
book  or  books,  so  to  be  kept  as  aforesaid  :  And  also  that 
no  apprentice  or  servant  shall  be  taken  during  the  con- 
tinuance of  the  said  partnership,  but  by  and  with  the 
joint  consent  of  the  said  parties  to  these  presents  :  And 
also,  if  any  book  or  books,  money,  goods,  or  other  things 
in  copartnership,  shall  be  embezzled,  purloined  or  spoiled 
by  the  apprentice  or  apprentices,  or  other  agent  or  ser- 
vant of  the  said  parties  to  these  presents,  during  the  said 
copartnership,  then  and  in  such  cases,  the  !os?  and  damage 
thereby  happening  shall  be  equally  borne  and  sustained 
by  the  said  parties  to  these  presents  :  And  also,  that 
neither  of  the  said  parties  shall  at  any  time  sell  or  de- 
liver out  upon  trust,  and  without  ready  money,  to  any 
person  whatsoever,  any  part  of  the  said  joint  trade  and 

stock,  to  above  the  value  of   unless  upon  notice 

given  to  the  other  party  to  these  presents,  and  his  con- 
sent thereto  first  had  and  obtained  ;  neither  shall  ei- 
ther of  them  lend  any  money  al>ove  the  value  of  — 
out  of  the  said  joint  stock,  without  such  consent  as  a- 
foresaid  :  but  if  goods  of  above  value  shall  be  trust- 
ed, or  money  lent  contrary  hereunto,  the  same  shall  be 
sustained  or  made  goed  by  him  so  trusting  or  lending  the 
same,  and  not  by  the  said  joint  stock  :  And  also,  that 
neither  of  the  parties  to  these  presents,  shall  without 
the  consent  of  the  other  of  them,  release  or  discharge 
any  debt,  duty,  sum  or  sums  of  money  or  other  things, 
which  shall  be  due,  owing  or  belonging  to  the  said 
joint  account,  or  any  part  thereof,  or  any  securities  giv- 
en for  the  same,  but  only  such  and  so  much  as  shall 

B 


H  ARTICLES  OF  AGREEMENT. 


be  actually  received  and  brought  into  the  said  joint  stock  ; 
nor  shall  compound  or  agree  to  accept  part  for  the 
whole  of  any  debt,  duty  or  sum  of  money,  to  them  up- 
on the  account  aforesaid  jointly  owing  or  payable  without 
the  consent  or  approbation  of  the  other  of  them  thereunto 
[in  writing]  first  had  and  obtained  :  And  also  that  neither 
of  the  said  parties  to  these  presents  shall  at  any  time  dur- 
ing the  said  co-partnership,  and  before  a  final  partition 
be  made  between  them,  become  bound  or  be  bail  or  surety 
for,  with  or  to  any  person  or  persons  whatsoever,  either 
by  bond,  bill,  judgment,  statute,  recognizance,  promise, 
or  otherwise,  without  the  privity  or  consent  of  the  other 
of  them,  thereunto  [in  writing]'  first  had  and  obtained  ; 
and  that  there  shall  not  be  any  new  translation  of  any 
book  or  copy  to  the  use  of  the  said  joint  stock,  nor  any 
printer,  stationer,  or  bookbinder  be  employed  in  any  thing 
relating  to  the  said  joint  stock,  without  the  consent  of 
both  the  parties  to  these  presents  :  And  also,  that  the 
said  A  B  and  C  D  shall  and  will,  once  in  every  year, 

during  the  said  co-partnership,  on  the  or  within 

twenty  days  after,  or  oftener,  at  the  request  of  either  of 
them  to  that  purpose,  join  with  the  other  of  them,  and 
perform  and  do  whatever  to  him  belongeth,  or  in  him  lieth, 
for  the  making  up  and  passing  of  a  new,  plain  and  perfect 
account  and  reckoning  between  them,  of  and  concerning 
all  their  buyings,  sellings,  exchanges,  printing,  trading  and 
dealings  for,  upon  or  by  reason  of  the  said  joint  trade, 
and  relating  to  the  said  copartnership,  and  of  all  and  eve- 
ry such  stock,  ready  money  and  things  as  concern  or 
shall  be  employed  in  or  about  the  same  ;  and  of  the  gains, 
profits,  and  increase  thereof,  and  also  of  the  charges,  dam- 
ages and  expenses  happening  or  accruing  thereby  :  and 
likewise  of  all  debts  owing  or  payable  by  the  said  par- 
ties, for,  upon,  or  in  respect  of  the  said  joint  trade  and 
dealing ;  to  the  intent,  that  it  may  appear  how  and  in 
what  state  and  condition  they  stand,  in  reference  to  the 
said  co-partnership  and  joint  stock ;  and  upon  the  finish- 
ing and  perfecting  every  such  account,  the  same  shall  be 
fairly  written  into  two  several  books  for  that  purpose  to 
be  provided,  both  of  which  said  books  shall  be  subscribed 
by  both  the  said  A  B  and  C  D  and  one  of  them  so  sub- 
scribed shall  remain  with  the  said  A  B  and  the  other  of 
*hem  with  the  said  C  D  which  said  accounts  so  passed 


ARTICLES  OF  AGREEMENT. 


15 


and  subscribed,  shall  not  be  called  into  question,  or  be  in 
any  wise  controverted,  unless  some  manifest  error  or 
mistake  shall  plainly  appear  to  have  therein  escaped  their 
notice,  and  that  the  same  error  shall  be  discovered  in  the 
life  time  of  botii  the  said  parties,  and  not  otherwise.  Pro- 
vided always  nevertheless,  and  it  is  expressly  covenanted, 
concluded  and  agreed  by  and  between  the  said  parties  to 
these  presents,  and  the  true  intent  and  meaning  of  the  said 
parties  hereunto  is  hereby  declared  to  be,  that  if  either 
of  the  said  parties  shall  die,  during  the  continuance  of  the 
said  co-partnership,  yet  nevertheless  no  benefit  of  sur- 
vivorship shall  accrue  unto,  or  be  had  or  taken  by  the  sur- 
vivor of  them,  in  any  wise  whatsoever  ;  any  law,  usage 
or  custom,  or  any  thing  herein  before  contained,  to  the 
contrary  thereof  notwithstanding.  But  the  one  moiety  of 
the  ready  money,  stock  and  effects  of  the  said  co-partner- 
ship, aud  the  proceeds  thereof  shall  come  and  be  to  the 
executors  or  administrators  of  such  dying  person,  or  such 
other  person  or  persons  as  he  shall  otherwise  dispose 
thereof  to,  and  the  other  moiety  thereof  to  the  survivor. 
And  it  is  further  covenanted,  granted,  concluded  and  a- 
greed  upon,  by  and  between  the  said  parties  to  these  pres- 
ents, that  if  any  debts  shall  be  owing  by  the  co-partners 
upon  the  said  joint  accounts,  such  surviving  partner  shall, 
out  of  the  ready  money,  or  if  there  be  not  ready  money, 
then  as  soon  as  money  shall  come  in  and  become  due, 
satisfy  and  pay  the  same  :  And  after  all  the  debts  shall  be 
paid,  then  such  survivor  shall  forthwith  pay  so  much 
money,  as  the  part,  share,  or  dividend  of  the  goods  of 
such  deceased  partner  shall  amount  unto,  upon  a  valua- 
tion to  be  made  of  the  stock,  by  two  indifferent  men  of 
the  said  trade  ;  the  one  to  be  chosen  by  the  survivor,  and 
the  other  by  the  person  who  shall  have  a  right  to  the  de- 
ceased's share,  and  shall  also  account  for  and  pay  one  moi- 
ety of  all  the  debts  due  to  the  co-partnership,  which  he 
shall  receive,  (he  being  first  allowed  his  charges  and  ex- 
penses in  and  about  the  getting  in  thereof?)  And  it  is 
hereby  further  covenanted  and  agreed,  by  and  between 
the  said  parties  to  these  presents,  that  within  one  month 
next  after  the  end  or  determination  of  the  said  co-partner 
Ship,  if  both  the  said  parties  shall  be  living,  a  final  ac- 
count, partition  and  division  shall  be  made  and  passed  by 
and  between  the  said  co  partners,  for  and  concerning  all 


16  ARTICLES  OF  AGREEMENT. 


Mich  goods,  monies  ami  things,  which  shall  be  then  due, 
owing  and  belonging  unto  the  said  joint  stock  and  trade, 
or  to  the  said  parties  to  these  presents,  in  respect  there- 
of ;  and  also  of  and  for  all  such  debts,  dues  or  sums  of  mo- 
ney as  by  reason  of  the  said  joint  trade  shall  be  contract- 
ed, and  be  by  them  owing  to  any  person  or  persons  ; 
and  likewise  of  and  for  all  the  gains  and  increase,  dama- 
ges and  losses  happening  or  accruing  by,  through,  or  in 
respect  of  the  said  joint  trade  or  co-partnership,  so  that 
the  state  thereof  may  appear,  and  how  much  thereof  shall 
belong  to  each  party  ;  and  then  after  all  debts  and  sums 
of  money  owing  on  the  account,  or  by  virtue  of  the  said 
co-partnership,  shall  be  discharged  and  paid  (and  not  be- 
fore) the  said  A  B,  his  executors,  administrators  or  as- 
signs, shall  have  and  take  to  his  and  their  own  proper  use 
and  uses,  one  moiety  (the  whole  into  two  equal  parts  to 
be  divided)  of  all  the  money,  goods  and  things  then  in 
stock  between  them  ;  and  the  said  C  D,  his  executors, 
administrators  or  assigns,  shall  likewise  then  have  and 
take  to  his  and  their  own  proper  use  or  uses,  the  other 
moiety  of  the  money  and  the  goods  and  things  then  in 
stock  between  them  ;  and  it  is  further  covenanted  and 
agreed,  that  in  case,  at  the  end  of  the  said  co-partnership, 
the  money  and  stock  shall  not  be  sufficient  to  clear  and 
discharge  all  the  debts  owing  upon  the  account  of  the 
said  co-partnership,  that  then  each  of  the  said  parties  to 
these  presents,  his  executors  or  admiuistrators,  shall  pay 
one  moiety  thereof  :  And  the  said  A  B  doth  hereby  cov- 
enant, grant  and  agree  to  and  with  the  said  C  D,  his  exec- 
utors, administrators  and  assigns,  that  he  the  said  A  B, 
his  executors  or  administrators,  shall  and  will  well  and 
truly  pay  or  cause  to  be  paid  one  moiety  thereof,  and  save 
and  keep  harmless  the  said  CD,  his  executors  and  admin- 
istrators, of  and  from  the  same  :  and  the  said  C  D  doth 
hereby  covenant,  promise,  grant  and  agree,  to  and  with 
the  said  A  B,  his  executors  and  administrators,  that  he  the 
said  C  0,  his  executors  or  administrators,  sjiall  and  will 
pay,  or  cause  to  be  paid  the  other  moiety  thereof,  and  also 
save  and  fceep  harmless  the  said  A  B,  his  executors  and 
administrators',  of  and  from  the  same  ;  and  it  is  further  a- 
greed,  that  the  copies  or  books  of  either  of  the  said  par- 
ties to  these  presents,  which  shall  be  printed  during  the 
continuance  of  the  said  copartnership,  shall  be  for  ilie  ben- 


ARTICLES  OP  AGREEMENT.  1? 


ent  of  the  said  joint  stock,  and  be  brought  thereinto  ;  and 
in  case  the  said  parties  to  these  presents  shall  not  agree 
to  the  number  of  what  shall  be  printed,  or  the  prices  to  be 
sold  at,  or  to  any  other  matter  relating  thereunto,  that 
then  the  same  shall  be  determined  by  E  F  and  G  H? 
gentlemen  and  stationers  of  who  are  hereby  author- 
ized to  determine  the  same,  and  their  determination  is 
hereby  agreed  to  be  conclusive  to  the  said  parties  to 
these  presents,  and  each  of  them  shall  be  compelled  to 
perform  the  same  by  a  rule  of  court  of  — — —  at  pur- 
suant to  the  statute  in  that  case  made  and  provided  :  And 
lastly,  it  is  covenanted  and  agreed  by  and  between  the  said 
parties  to  these  presents,  in  manner  aforesaid,  that  if  any 
doubt,  question  or  controversy  shall  arise  between  the 
said  parties,  for,  about  or  concerning  this  present  inden- 
ture of  co-partnership,  or  any  clause,  proviso  or  agree- 
ment, herein  comprised  or  contained,  or  any  defect  or 
want  of  explanation,  or  any  matter  or  thing  relating  to 
this  co  partnership,  then  and  as  often  as  any  such  doubt, 
controversy  or  difference  shall  arise  or  happen,  the  same 
shall  be  referred  to  the  determination  of  the  said  E  F  and 
G  H  (if  they  shall  be  then  living  :)  And  in  case  of  the 
death  of  either  of  them,  then  to  two  indifferent  persons  to 
be  nominated  and  chosen  from  time  to  time  by  the  said 
parties  to  these  presents,  within  ten  days  after  such  con- 
troversy shall  arise  or  happen  (each  of  the  said  parties  to 
chuse  one)  or  else  by  an  umpire  to  be  nominated  by  the 
persons  so  chosen,  in  case  the  said  persons  cannot  agree 
ami  compose  the  same  ;  and  that  each  of  the  said  parties 
to  these  presents,  and  their  respective  executors  and  ad- 
ministrators, shall  stand  to,  abide,  perform  and  keep  such 
order  and  determination  therein,  as  the  said  E  F  and 
G  rf,  or  the  said  indifferent  persons  to  be  chosen  as 
aforesaid,  or  the  said  umpire  so  to  be  chosen  as  aforesaid 
shrill  make  and  give  up  ;  so  as  such  order,  judgment  and 
determination  of  the  said  E  F  and  G  H,  or  of  two  such 
indifferent  persons  or  umpire  as  aforesaid,  of  or  concern- 
ing the  premises,  be  from  time  to  time  made  and  set 
dowti  in  writing,  under  the  hands  and  seals  of  the  said  E  F 
and  G  H  or  of  the  said  two  indiffereni  persons,  or  of  lhc 
gaid  umpire,  within  ten  days  next  after  such  doubt,  ques- 
ti.v»  controversy,  shall  be  referred  to  them  or  him  as 
aforesaid,  which  said  determination  is  hereby  agreed  to  be 
B2 


ARTICLES  OF  AGREEMENT. 


conclusive  to  the  said  parties  to  these  presents,  awl  eacf> 
of  them  shall  be  compelled  to  perform  the  same  by  rule 

of  court  of  at  pursuant  to  the  said  statute  in 

that  case  made.    In  witness,  &c. 

Articles  of  Co-partnership,  for  carrying  on  a 
Joint  Trade. 

(Common  Form.) 

ARTICLES  of  agreement  indented,  &c.  between  A  B 
of  of  the  one  part,  and  C  D  of   of  the 

other  part. 

First,  The  said  A  B  and  C  D  have  joined,  and  by 
these  presents  do  join  themselves  to  be  co-partners  to- 
gether in  the  art  or  trade  of  and  all  things  thereto 

belonging  ;  and  also  in  buying,  selling,  vending  and  re- 
tailing all  sorts  of  wares,  goods  and  commodities  belong- 
ing to  the  said  trade  of  which  said  co-partnership  is 

to  continue  from  — —  for  and  during,  and  unto  the  full 

end  and  term  of  from  thence  next  ensuing,  and 

fully  to  be  complete  and  ended.  And  to  that  end  and 
purpose,  he  the  said  A  B  hath,  the  day  of  the  date  of  these 

presents,  delivered  in  as  stock  the  sum  of  and  the 

said  C  D  the  sum  of  to  be  used,  laid  out  and  em- 
ployed in  common  between  them,  for  the  management  of 
the  said  trade  of  to  their  mutual  benefit  and  advan- 
tage. And  it  is  agreed  between  the  said  parties  to 
these  presents,  and  the  said  co-partners  each  for  himself 
respectively,  and  for  his  own  particular  part,  and  for  his 
executors  and  administrators,  doth  severally,  and  not 
jointly  covenant,  promise  and  agree,  to  and  with  the  oth- 
er partner,  his  executors  and  administrators,  by  these  pres- 
ents, in  manner  and  form  following ;  (that  is  to  say)  That 
they  the  said  co-partners  shall  not  nor  will  at  any  time 
hereafter,  use,  exercise  or  follow  the  trade  of  afore- 
said, or  any  other  trade  whatsoever,  during  the  said  term, 
to  their  private  benefit  or  advantage,  but  shall  and  will 
from  time  to  time,  and  at  all  times  during  the  saW  term  (if 
they  shall  so  long  live)  do  their  and  each  of  their  best 
endeavours  in  and  by  all  means  possible  to  the  utmost  of 
their  skill,  power  and  cunning,  for  their  joint  interest, 
profit,  benefit  and  advantage,  and  truly  employ,  buy,  *e?j 


ARTICLES  OP  AGREEMENT.  U 


and  merchandize  v  ith  the  stock  aforesaid,  and  the  increase 
thereof,  in  the  trade  of  aforesaid,  without  any  sin- 
ister inten'ions  or  fraudulent  endeavours  whatsoever.- — 
And  also,  that  they  the  said  copartners  shall  and  will 
from  time  to  time,  and  at  all  times  hereafter  during  the 
said  term,  pay,  hear  and  discharge  equally  between  them 
the  rent  of  the  shop  which  they  the  said  co-partners  shall 
rent  or  hire  for  the  joint  exercising  or  managing  the 
trade  aforesaid.     And  that  all  such  gain,  profit  and  in- 
crease that  shall  come,  grow  or  arise  for  or  by  reason  of 
the  said  trade,  and  joint  occupying  as  aforesaid,  shall  be 
from  time  to  time  during  the  said  term  equally  and  pro- 
portionally divided  between  them  the  said  co-partners, 
share  and  share  alike.    And  also  that  all  such  loss  as 
shall  happen  to  the  said  joint  trade  by  bad  debts,  ill  com- 
modities, or  otherwise,  without  fraud  or  covin,  shall  be 
paid  and  borne  equally  and  proportionably  between  them. 
And  further  it  is  agreed  by  and  between  the  said  co- 
partners, parties  to  these  presents,  that  there  shall  be  hay 
and  kept  from  time  to  time,  and  at  all  times  during  the 
said  term,  and  joint  occupying  and  co-partnership  togeth- 
er as  aforesaid,  perfect,  just  and  true  books  of  account, 
wherein  each  of  the  said  co-partners  shall  duly  enter  and 
set  down,  as  well  all  money  by  them  received,  paid,  ex- 
pended and  laid  out  in  and  about  the  managf  ment  <  !  the 
said  trade,  as  also  all  wares,  good  ,  commodities  and  mer- 
chandizes by  them  or  either  of  them  bought  and  sold, 
by  reason,  or  means,  or  upon  account  of  the  Baid  co-part- 
nership, and  all  other  matters  and  things  whatsoever,  to 
the  said  joint  trade,  and  the  management  thereof,  in  any 
wise  belonging  or  appertaining  ;  which  said  looks  shall 
be  used  in  common  between  the  said  co-partners,  so  that 
either  of  them  may  have  access  thereto  without  any  inter- 
ruption of  the  other.    And  also  that  they  the  said  co- 
partners, once  in  three  months  or  oftener  if  need  shall 
require,  upon  the  reasonable  request  of  one  of  them,  shall 
make,  yield  and  render  each  to  the  other,  or  to  the  exec* 
utors  of  each  other,  a  true,  just  and  perfect  account  of 
all  profits  and  increase  by  them  or  either  of  them  made  ; 
and  of  all  losses  by  them  or  either  of  them  sustained  ; 
and  also  of  all  payments,  receipts,  disbursements,  and 
all  other  things,  whatsoever  by  them  made,  rtceived,  dis- 
bursed, acted,  done,  or  suffered  in  their  said  co-partner- 


20  ARTICLES  OF  AGREEMENT, 


ship  and  joint  occupying  as  aforesaid,  and  the  same  ac- 
count so  made,  shall  and  will  clear,  adjust,  pay  and  de- 
liver each  unto  the  other  at  the  time,  of  making  such  ac- 
count their  equal  shares  of  the  profits  so  made  as  afore- 
said. And  at  the  end  of  the  term  of  or  other  soon- 
er determination  of  these  presents  (be  it  by  the  death  ot 
one  of  the  said  eo-partners  or  otherwise,)  they  the  said 
co-partners  each  to  the  other,  or  in  case  of  the  death  of 
either  of  them,  the  surviving  party  to  the  executors  or 
administrators  of  the  party  deceased,  shall  and  will  rnaka 
a  true,  just  and  final  account  of  all  things  as  aforesaid, 
and  divide  the  profits  aforesaid,  and  in  all  things  well  and 
truly  adjust  the  same,  and  that  they  also  upon  the  making 
of  such  a  final  account,  and  all  and  every  the  stock  and 
stocks  as  well  as  the  gains  and  increase  thereof  which  shall 
appear  to  be  remaining,  whether  consisting  of  money, 
wares,  debts,  &c.  shall  be  equally  divided  between  them 
the  said  co-partners,  their  executors  or  administrators, 
share  and  share  alike.    In  witness,  &c. 

Jin  agreement  to  continue  a  partnership. 

ARTICLES,  &c.  between  M  B  of  the  one  part,  and 
H  P  of  the  other  part. 
Whereas  the  said  M  B  and  H  P  have  for  several  years 
last  past  been  equally  concerned  together  as  partners  or 
joint  traders  in  the  trade  of  ,  and  in  all  profits  and  loss- 
es thereby.  And  whereas  before  sealing  hereof,  l hey 
have  made  up  between  them  a  full  account  and  reckon- 
ing of  and  concerning  the  said  trade,  goods  and  debts  be- 
longing and  owing  to  and  by  ihem  on  account  thereof, 
containing  all  charges,  profits  and  loss  thereby,  whereof 
each  of  them,  hath  to  the  date  thereof,  paid  and  received 
one  equal  moiety  or  half  part,  and  upon  making  up  the 
said  account,  there  appears  to  ne  remaining  in  stock,  at 
the  sealing  hereof,  in  goods  and  debts  owing  on  account 

of  the  said  trade,  the  sum  or  value  of          which  belongs 

to  them  jointly,  and  wherein  they  a»e  equally  concerned ; 
out  of  which  said  stock  are  due  and  payable  on  account 

of  the  said  joint  trade,  several  debfs  amounting  to  . 

And  whereas  ihe  said  parms  intend  to  continue  the 

said  trade  of  in  the  dwelling  house  oi  the  said  >1  B 

in,  &c.  for  ~—  years,  with  the  said  joint  stock  of,  &c. 


ARTICLES  OF  AGREEMENT.  21 


and  to  be  concerned  therein  equally  as  to  profit  and  loss. 
Now  these  presents  witness,  that  in  consideration  of 
the  trust  and  confidence  which  the  said  parties  have  had 
and  repose  in  each  other,  it  is  hereby  declared,  covenant- 
ed and  agreed  by  and  between  the  said  parties,  for  them- 
selves, their  executors,  administrators  and  assigns,  that 
the  said  parties  are  and  will  become  and  continue  part- 
ners and  joint  traders  in  the  trade  of  biscuit  baking,  and 
vending  and  selling  of  biscuits  upon  a  joint  and  equal  ac- 
count between  them,  for  profit  aud  loss  for  the  said  time 
or  term  of   years,  to  commence  from  the  date  here- 
of, if  both  the  said  parties  shall  so  long  live.  And  it 
is  agreed,  that  all  charges  and  losses,  and  all  profits  a- 
rising  by  and  on  account  of  the  said  joint  trade,  shall  be 
equally  paid,  received  and  borne  by  and  between  the  said 
parties,  and  that  the  said  M  B  for  and  in  consideration  of 
the  rent  of  the  shop  and  other  conveniences  wherein  the 
said  trade  is  driven,  shall  have  and  receive  all  benefit  and 
advantage  to  be  had  and  made  by  the  bran  arising  by  the 
flour  or  meal  used  in  the  said  joint  trade  as  he  hath  hither- 
to received  the  same.  And  it  is  further  agreed,  Arc.  (that 
the  parties  be  true  to  each  other,)  and  have  not,  shall  not, 
nor  w  ill  do  or  suffer  any  act  or  thing  whatsoever,  whereby 
or  by  means  w  hereof  any  goods,  monies  or  things  belong- 
ing to  the  3aid  joint  trade,  shall  or  may  be  extended, 
seized  or  taken  in  execution,  but  that  each,  of  them  shall 
and  will  defend  the  said  joint  stock  and  trade  from  iheir 
own  private  and  separate  debts,  and  all  damages  by  reason 
thereof.  And  that  [accounts  to  be  nettled  at  the  end  of 
the  term.']     In  witness,  &c. 


Indorsed  on  articles  of  Co-partnership  for 
continuing  the  same,  with  other  Covenants. 

7  £  -  riti.sENTS  indorsed  wiT&fSS,  That  it  is 
JL  mutually  declared  and  agreed  between  the  within 
named  A  and  B,  for  themselves,  their  executors  and  ad- 
ministrators respectively,  thai  ti  e  partnership  and  joint 
trade  between  them  within  mentioned,  shii!l  be  continued 
between  them  for  the  term  of  years,  from  the  expira- 
tion, (or  you  may  begin  thus:)  We  the  within  D  med  A 
and  B  do  by  these  presents  indorsed,  declare  and  mutually 


22 


ARTICLES  OF  AGREEMENT. 


covenant  and  agree  unto  and  with  each  other,  his  and 
their  executors  and  administrators  to  continue  the  said 
joint  trade  and  partnership  within  mentioned  for  the  fur- 
ther term  of  years,  from  the  expiration,  &c.  of  the 

 years  within  mentioned,  to  be  accounted,  if  both  of 

them  shall  so  long  live,  with  the  joint  stock  ;  and  under, 
and  subject  to  the  several  covenants  and  agreements  as 
are  within  expressed  and  contained.  And  whereas 
since  the  sealing  and  executing  the  within  indenture  of 
partnership,  the  said  A  hath  bought  and  purchased  the 
lease  and  term  of  and  in  the  said  messuages  and  premises 
within  mentioned,  winch  he  then  held  at  a  rent.  It  is 
therefore  further  DKCLARED  and  agreed  between  the 
said  parties,  that  if  the  said  A  shall  happen  to  die  before 

the  expiration  of  the  said  term  of  years,  and  the  said 

B  shall  him  survive,  that  then  the  executors  and  adminis- 
trators of  the  said  A  are  only  to  grant,  and  when  the  said  B 
giving  security  for  payment  to  the  executors  or  adminis- 
trators of  the  said  A  of  so  much  money  as  the  said  A,  his 
part  and  share  in  the  joint  stock,  and  debts  which  shall 
then  be  owing  on  account  of  the  said  joint  trade  shall 

amount  unto  for  the  sum  of  to  be  allowed  to  the  said 

A  for  his  charges  in  repairs  and  other  works  about  the  said 
house,  as  in  the  within  indenture  iu  that  behalf  is  express- 
ed, and  according  to  the  true  meaning  thereof,  the  execu- 
tors and  administrators  of  the  said  A  shall  and  will  at  the 
charge  r>f  the  said  B  seal  and  execute  to  him  a  lease  of  the 
said  messuages  or  tenements  for  the  term  of  years,  to 
commence  from  the  quarter  day  next  after  the  decease  of 

the  said  A  at  the  yearly  rent  of   to  be  paid  quarterly, 

and  with  such  covenants  to  be  continued  therein  as  are 
contained  in  the  lease,  whereby  the  said  A  holds  the  said 
premises,  which  lease  the  said  B  agrees  to  accept,  and  at 
the  same  time  to  seal  a  counterpart  thereof  to  the  executors 
or  administrators  of  the  said  A  and  that  the  said  executors 
or  administrators  are  not  to  grant  his  lease  and  term  of 
years  therein  as  within  is  mentioned,  nor  any  further  term 
therein,  otherwise  than  as  aforesaid  ;  the  within  written 
indenture,  &c.    In  witness,  &c. 


ARTICLES  OF  AGREEMENT.  23 


Deed  of  Dissolution, 

ri^HIS  Indenture  made  the  day  of   between 

j|    AB  of  haberdasher  of  hats,  of  the  one 

part,  and  C  D  of  aforesaid,  haberdasher  of  Parties- 

hats,  of  the  other  part. 

Whereas  by  indenture  of  co-partnership  or  covenants 

hearing  date  the  day  of  and  made  or  Recital  of  a 

mentioned  to  be  made  between  the  said  C  D  of  deed  of  co- 
the  one  part,  and  the  said  A  B  of  the  other  partnership, 
part,  they  the  said  C  D  and  A  B  did  mutually  covenant 
and  agree  (under  and  subject  to  (he  provisoes,  conditions 
and  agreements  therein  contained)  to  become,  continue, 
and  he  co-partners  and  joint  traders  together*  in  the  trade 
and  business  of  a  haberdasiscr  of  hats,  and  in  buying 
and  selling  wool,  tea,  and  such  other  commodities,  goods, 
wares  and  merchandizes  as  they  the  said  partners  should 
mutually  think  fit  and  agree  to  trade  or  deal  in,  for  and 
during  the  full  time  and  term  of  years,  to  be  account- 
ed from  the  —  day  of   next  ensuing  the  date 

thereof,  if  both  the  said  parties  should  so  long  iive,  deter- 
minable nevertheless  as  thereafter  mentioned. ;  for  the 
managing  and  carrying  on  of  which  said  joint  trade  and 
undertaking,  they  the  said  parties  agreed  to  bring  in  and 
make  up  in  ready  money  or  goods  fit  for  the  purpose,  ap- 
proved of  and  reasonably  valued  and  appraised  by  and  be- 
tween themselves,  or  (in  case  of  any  difference  between 
them)  by  such  other  indifferent  and  proper  persons,  apprais- 
ers, as  they  should  mutually  elect  and  agree  upon  for  that 
purpose,  a  capital  joint  stock  amounting  to  the  sum  or  valu< 
of  $6000  whereof  the  said  C  D  did  thereby  agree  within 
one  year  after  the  commencement  of  the  said  co-partner- 
ship to  bring  in  and  advance  in  ready  money  or  goods  as 
aforesaid  the  full  sum  or  value  of  $4500  being  3-4th 
parts  or  shares  thereof  ;  and  the  said  A  B  did  also  there- 
by agree  within  the  same  time  of  one  year  to  bring  in 
and  advance  in  ready  money  or  goods  as  aforesaid  the 
full  sum  or  value  of  $1500  being  the  remaining  fourth 
part  of  the  said  capital  or  joint  stock ;  of  and  in  which 
said  joint  stock,  and  of  the  gains,  profit,  and  increase  to 
be  made  thereof,  it  was  thereby  declared  and  agreed,  that 
the  said  C  D,  his  executors  and  administrators,  should 
have  and  be  entity  to  three  full  fourth  parts,  the 


24 


ARTICLES  OP  AGREEMENT. 


whole  into  four  equal  parts  to  be  divided,  as  and  for  his 
sharp,  interest  and  proportion  thereof,  and  that  the  said 
A  B,  his  executors  and  administrators,  should  have  and  be 
entitled  to  the  remaining  fourth  part,  as  and  for  his  share, 
interest  and  proportion  thereof.    And  whereas  by  an 

indenture  bearing  date  the    day  of    and  made 

or  mentioned  to  be  made  between  the  said  A  B  of  the 
one  par!,  and  the  said  C  D  of  the  other  part,  after  re- 
citing to  the  effect  before  recited  ;  and  also  reciting  that 
the  said  C  1)  had  advanced  and  paid  into  the  said  joint 
trade,  the  said  sum  of  $4500  as  and  for  his  part  and  share 
therein  :  but  the  said  A  B  not  being  able  then  to  advance 
and  pay  his  said  fourth  part  or  share,  or  any  part  thereof 
had  requested  the  said  C  D  to  lend  the  same  upon  his 
bond  and  the  security  next  therein  after  mentioned,  which 
lie  the  said  C  I)  had  agreed  to.  And  also  reciting  that 
the  said  A  B  by  oue  bond  or  obligation  under  his  hand  and 
seal  bearing  even  date  therewith,  became  bound  to  the 
said  C  D  in  the  penal  sum  of  $3000  with  condition  there- 
under written,  for  making  the  same  void  if  he  the  said  A 
B,  his  executors  or  administrators  should  pay  or  cause  to 
be  paid  to  the  said  C  O,  his  executors,  administrators  or 
assigns,  the  full  sum  of  $1500  with  interest  for  the  same  at 

the  rate  of  $5  per  cent,  per  annum,  on  the  day  of  

then  next  ensuing  the  date  thereof,  and  as  a  further  secu- 
rity for  the  re-payment  of  the  said  $  1 500  and  interest, 
he  the  said  A  B  had  agreed  to  release  and  assign  his 
fourth  part,  share  and  interest,  of  and  in  the  said  capital 
joint  stock,  and  of  the  gains,  profits  and  increase  thereof 
to  the  said  C  I)  in  manner  thereinafter  mentioned.  It  is 
by  the  said  indenture  n#w  reciting  witnessed,  that  for  the 
consideration  therein  mentioned,  the  said  A  B  did  assign 
and  set  over,  remise,  release  and  quit  claim  unt©  the  said 
C  D  all  that  the  said  fourth  part,  share  and  interest  of  him 
the  said  A  B  of,  in  and  to  the  said  capital  joint  stock  and 
of  all  monies,  goods,  wares,  merchandizes,  debts  and  effects 
thereto  belonging,  and  which,  during  the  said  co-partner- 
ship should  or  might  belong  thereto,  and  of  the  gains, 
profits  and  increase  thereof,  and  all  the  estate,  right,  title, 
interest,  property,  profit,  benefit,  advantage,  claim  and 
demand  of  him  the  said  A  B  of,  in  and  to  the  same  or  any 
part  thereof,  to  hold  unt©  the  said  C  D,  his  executors,  ad- 
myiistrators  and  assigns,  aa  his  and  their  own  proper  mon- 


COVEVANTS. 


25 


ies,  good*,  wares,  merchandizes,  chattels,  debts,  effects 
and  estates,  from  henceforth  freely  for  evermore,  subject 
to  a  proviso  therein  contained,  for  making  void  the  same 
on  payment  of  the  said  principal  sum  of  $1500  and  inter- 
est, as  therein  particularly   mentioned,  as  in  and  by  the 
said  recited  indentures,  relation  being  thereunto  respect- 
ively had,  may  more  fully  and  at  large  appear.  Partnership 
And  Whereas  the  said  C  D  and  A  B  have  ever  established, 
since  the  said  day  of  been  and  continued  copart- 
ners and  joint  traders,  in  the  said  trade  or  business  of  a  ha- 
berdasher of  hats,  and  in  buying  and  selling  of  . 
wool,  teas  and  such  other  commodities,  goods  berdashe^or 
wares  and  merchandizes,  as  the  said  parties  hats,  &c. 

have  thought  fit  to  deal  in,  to  the  day  of  A 

 last  past.     And  vhe^as  the  said  C  D  for  dissoiu- 

and  A  B  having  drawn  out  an  account  of  all  their  tion. 
said  partnership  stock,  debts  and  effects,  and  of  their  re- 
ceipts and   payments  touching   their  said  joint  trade 

and  dealing,  to  the  said  day  of  last  past  do  find 

that  the  said  trade  hath  not  answered  the  end  which  was 
intended  by  the  said  copartnership,  and  that  it  is  the  in- 
terest of  both  the  said  parties  to  end  and  determine  the 
same,  whereupon  it  is  agreed  by  and  between  the  said  C  D 
and  A  B  that  the  said  copartnership,  trade  and  joint  deal- 
ing shall  accordingly  entl  and  determine  as  from  the  said 
— . —  day  of   last  past:  and  that  the  whole  partner- 
ship stock  and  debts  shall  vest  in,  and  remain  the  proper- 
ty of  the  said  C  D,  and  that  he  the  said  C  D  shall  release 
unto  t he  said  A  B  all  demands  whatsoever,  either  on  ac- 
count of  the  said  copartnership,  or  otherwise  howsoever, 

Pftye  and  except  the  stun  of  lent  by  the  said  C  J)  to 

i  be  p  tkl  A  B  and  for  payment  of  which  the  said  A  B  has 
this  day  executed  a  bond  to  the  said  C  D  in  the  penalty  of 

 and  i  n  regard  the  said  trade  has  been  carried  on  from 

the  said  day  of  last  past,  in  the  joint  names  of 

the. said  C  1)  and  A  B  the  said  C  D  in  lieu  of  the  profits 
which  may  have  been  made  by  the  said  joint  stock  irom 
that  time  to  the  day  of  the  date  hereof  (Ml h  of  which,  if 
the  copartnership  had  continued,  would  belong  to  (he 
said  A  B  after  a  deduction  of  the  interest  due  to  the  said 
C  D  on  the  above  mentioned  security)  hath   agreed  to 

allow  from  the  said  day  of  last  past  to  the  day 

of  the  date  hereof  to  the  said  AB  wages  for  his  trouble 

C 


26 


COVENANTS. 


and  time  after  the  rate  of  $100  a  year.  And  forasmuch 
as  the  said  A  B  hath,  during  all  that  time  boarded  the 
servants  as  in  time  of  partnership  according  to  (he  said 
in  part  recited  articles,  it  is  agreed,  that  the  said  A  B 
shall  be  repaid  the  same,  and  an  account  has  been  this 
clay  settled  by  the  said  C  D  and  A  B  of  what  is  due  to  the 
said  A  B  for  the  said  board  and  wages,  and  also  of  what 
the  said  A  B  hath  received  from  the  said  partnership 
stock  since  the  said  day  of   last,  and  there  re- 
mains due  to  the  said  A  B  on  the  balance  of  the  said  ac- 

2d  artner to    C0Un*  tne  s,Im  °^   ^ND  WHEREAS  the  said 

continue6 "in0  A  B  hath  agreed  with  the  said  C  D  to  continue 
the  service  of  in  the  service  of  the  said  C  D  from  henceforth 

the  other       to  thesaid  da y  of  next,andfrom  that 

time  for  another  year  at  the  option  of  the  said  C  D  so  as 
lie  do  signify  the  same  in  writing  to  the  said  A  B  two 
months  at  least  before  the  expiration  of  the  said  term.  And 
the  said  A  B  hath  agreed,  that  during  the  time  that  he  shall 
be  in  the  service  of  the  said  C  D  he  the  said  A  B  shall 
diligently  serve  the  said  C  D  in  the  capacity  of  a  shop- 
man, and  behave  himself  in  every  raspect  as  a  shopman 
ought  to  do.  Now  this  indenture  witness- 
Cousidera-ETH)  fnat  in  pursuance  of  the  said  agreement, 
and  for  divers  good  causes  and  considerations, 
Dissolution. ihem  the  said  C  D  and  A  B  thereunto  respec- 
tively moving,  It  is  hereby  mutually  covenanted,  declared 
and  agreed  by  the  said  parties  to  these  presents,  and  the 
said  C  D  and  A  B  do  severally  and  respectively  for  them- 
selves, and  for  their  several  and  respective  heirs,  execu- 
tors and  administrators,  covenant,  promise  and  agree  to 
and  with  the  other  of  them,  his  heirs,  executors  and  ad- 
ministrators, that  the  said  copartnership  or  joint  trade 
and  every  part  and  branch  thereof ;  and  also  the  said  re- 
cited indenture  of  the  day  of  ,  and  every  cove- 
nant, article,  clause,  proviso  and  agreement  therein  con- 
tained, shall  from  the   day  of  last  be  void  and 

absolutely  ended,  determined,  discontinued  and  dissolved, 
any  thing  in  the  said  recited  indenture  of  copartnership 
contained,  to  the  contrary  in  any  wise  notwithstanding. 
Settlement.  And  the  said  A  B  in  pursuance  of  the  said  agree- 
ment, and  for  and  in  consideration  of  the  said  sum  of  ■■ 
being  the  balance  of  the  said  account  due  to  the  said  A 
B  for  the  board  and  wages  fifl  aforesaid,  to  bim  the  said 


COVENANTS. 


27 


A  B  in  hand  paid  by  the  said  C  D  at  and  before  the  en- 
sealing and  delivery  of  these  presents,  the  receipt  where- 
of is  hereby  acknowledged,  and  also  for  and  in  considera- 
tion of  the  covenants,  releases   and   agreements  herein 
contained  on  the  part  and  behalf  of  the  said  C  D,  his  ex- 
ecutors and  administrators,  and  for  divers  other  good  cau- 
ses and  considerations,  him  thereunto  moving,  hath  bar- 
gained, sold,  assigned  and  released,  And  by     ^  nment  0f 
these  presents,  doth  bargain,  sell,  assign  and  effects1  to  one 
release  unto  the  said  C  D,  his  executors,  ad-  partner, 
ministrators  and  assigns,  all  that  the  said  fourth  part, 
share  and  interest  of  him  the  said      B  of  and  to  the  said 
capital  joint  trade,  and  of  all  goods,  wares,  merchandizes, 
monies,  debts  and  effects  thereto  belonging,  in  any  man- 
ner of  way  whatsoever,  or  in  or  to  which  the  said  A  B 
has  any  right,  title  or  interest  jointly  with  the  said  C  D 
by  virtue  of  the  said  copartnership.     And  all  the  estate, 
right,  title,  interest,  property,  profit,  benefit,  advantage, 
claim  and  demand  whatsoever,  of  him  the  said  A  B  of,  in 
and  to  the  said  capital  joint  stock,  ejects,  money  and  debts, 
and  every  or  any  part   thereof ;  and  all  the  profits,  pro- 
duce, gains,  proceeds  and  advantages  which  have  been  or 
shall  be  hereafter  made  by   the  said  partnership  in  any 
manner  of  ways  whatsoever,  so  as  the  said  A  B,  his  exec- 
utors or  administrators  shall,  or  may  have  no   claim  or 
demand  on  the  said  C  D  his  executors  or  administrators, 
on  account  of  the  same.  To  have,  hold,  receive  Habendum, 
and  enjoy  the  said  fourth  part,  share  and  interest,  and  all 
other  the  share  and  interest  of  him  the  said  A  B  of,  in 
and  to  the  said  capitaljoint  stock,  and  of  ali  goods,  wares, 
merchandizes,  debts,  monies,  profits  and  effects  thereto  be- 
longing, and  all  and  singular  other  the  premises  hereby 
assigned  and  released,  or  mentioned  or  intended  so  to  be, 
and  every  part  and  parcel  thereof,  with  their  and  every 
of  their  appurtenances  unto  the  said  C  D,  his  executors, 
administrators  and  assigns,  to  and  for  his  and  their  own 
proper  use,  benefit  and  behoof,  and  as  his  and  their  own 
proper  goods  and  chattels  forever.     And  the  said  A  B 
lor  himself,  his  executors   and  administrators,  in  further 
pursuance  of  the  said  agreement,  and  to  enable  the  said 
C  D,  his  executors  and  administrators  to  receive  all  the 
said  partnership  debts  and  effects,  to  and  for  his  and  their 
own  use  and  benefit,  hath  made,  ordained,  authorised} 


COVENANTS. 


Power  of  At- constUuted  and  appointed,  And  by  these  pres- 
orne7'  ents  doth  make,  ordain,  authorise,  constitute 
and  appoint  the  said  C  D  his  executors  and  administrators 
to  ask,  demand,  sue  for,  recover  and  receive  of  and  from 
all  and  every  person  and  persons  whatsoever,  all  and 
every  the  debts,  sum  and  sums  of  money,  good?, 
debtee*  chattels  and  effects,  whatsoever  and  howsoever, 
now  due  and  owing  or  belonging  to  the  said  copartnership 
in  any  manner  or  ways  whatsoever,  and  upon  receipt  of  the 
same,  or  any  and  every  of  them,  or  any  and  every  part 
and  parcel  of  them,  and  every  of  them  to  give,  sign  and 
execute  proper  and  sufficient  releases,  acquittances  and 
discharges  for  the  same  ;  and  for  that  purpose,  he  the  said 
A  B  doth  hereby  give  and  grant  unto  his  said  attorney 
and  uttornies,  full  power  and  authority  to  state  and  settle 
all  accounts  and  differences,  any  ways  relating  to  the  said 
copartnership  joint  trade,  with  all  and  every  person  and 
persons  whatsoever,  and  to  compound  and  release  all  and 
every,  or  any  part  of  the  said  debts  and  demands,  as  he 
and  they  shall  think  fit  and  necessary.  And  to  do  all  and 
every  other  act,  matter  and  thing  whatsoever,  in  and  about 
the  'vremises,  as  fully  and  effectually  to  all  intents  and 
p  r-  »ses  as  he  the  said  A  B  could  or  might  do  if  per- 
sonally present.  A»Nd  the  said  A  I>  doth  hereby  fur  1dm- 
fconfirmatfon  self,  his  executors  and  administrators  ratify 
of  acts  *^  and  confirm  all  and  whatever  the  said  C  1>,  his 
executors  or  administrators  shad  or  may  lawfully  do  or 
cause  to  be  done  in  and  about  the  premises,  by  virtue  of 
these  presented  And  the  said  A  B  doth  hereby  for  him* 
Covenant  self,  his  heirs,  executors  and  administrators,  cov- 
enant, promise  and  agree  to  and  with  the  said  C  D,  Ids  ex- 
ecutors, administrators  or  assigns,  that  he  the  said  A  B, 
his  executors,  administrators  or  assigns,  shall  not,  nor  will 
at  am  time  or  times  hereafter  receive,  release,  acquit  or 
Not  to  release  discharge  any  of  the  debts  or  demands,  due  to 
debts,  ic.  the  said  copartnership,  or  any  actions  or  suits 
that  shall  be  brought,  sued  or  commenced  for,  or  on 
account  of  the  same,  without  the  consent  of  the  said 
C  I)  for  that  purpose  in  writing,  first  had  and  obtained. 
Nor  shall,  nor  will  do,  or  sutler,  or  cause  to  be  done, 
any  act,  matter  or  thing  whatsoever,  whereby  the  saidC 
D  '  his  executors,  administrators,  or  assigns  shall,  or  may 
be  hinderedor  obstructed  in  the  recovering  and  receiving 


COVENANTS. 


2% 


of  the  said  debts,  goods,  chattels  and  effects,  due,  owing 
and  belonging  to  the  said  copartnership,  or  any  part  there- 
of :  but  shall  and  will  from  time  to  time,  and  at  all  times 
hereafter,  at  the  cost  and  charge  of  the  said  C  D  ^ 
do,  perform  and  execute  all  and  every  further 

assurance. 

and  other  lawful  matters  and  things  for  the  bet- 
ter enabling  him  the  said  C  D,  his  executors,  administra- 
tors or  assigns  to  get  in  and  receive  the  same,  to  and  for 
his  and  their  own  use  and  benefit  as  aforesaid.     And  the 
said  A  B  for  the  considerations  assigned,  hath  Release  from 
remised,  released,  and  forever  quit-claimed,  aJ*jg™er  t0 
And  by  these  presents,  doth  for  himself,  his  a*slgnee*  m 
executors    and     administrators,    remise,    release,  and 
forever  quit-claim  unto  the  said  C  D,  his  executors  a nil 
administrators,  all  and  all  manner  of  action  and  actions, 
cause   and    causes  of  actions,   suits,  differences,  con- 
troversies, quarrels*  bonds,  covenants*  notes,  bills,  dama- 
ges, estate,  right,  title,  claims  and  demands  whatsoever, 
both  in  law  and  equity,  which  he  the  said  A  B  now  hath, 
or  which  he,  his  executors,  administrators  or  assigns  can 
or  may  at  any  time  or  times  hereafter  have,  claim,  chal- 
lenge or  demand  against  the  said  C  D,  his  heirs,  execu- 
tors or  administrators  for  or  by  reason  or  means  of  the 
said  copartnership,  or  any  other  matter,  cause  or  thing 
whatsoever,  from  the  beginning  of  the  world  to  the  day  of 
the  date  hereof,  save  and  except  the  covenants,  clauses 
and  agreements  hereinafter  contained  on  the  part  and  be- 
half ot  the  said  C  D  his  executors  and  administrators,  to 
be  paid,  done  or  performed.  And  the  said  C  D  in  Aocep. 
pursuance  of  the  said  agreement,  and  in  consider-  *atj°n. 
ation  of  the  above  mentioned  assignment  and  release,  doth 
hereby  accept  of  the  said  joint  stock,  debts  and  effects,  in 
full  of  all  demands,  which  he  or  his  executors  or  admin- 
istrators have  or  can,  or  may  have  on  the  said  A  B,  his 
executors  or  administrators,  for  or  by  reason  or  means  of 
the  said  copartnership  or  joint  dealing,  or  on  any  other 
account  whatsoever,  except  as  herein  before  and  after  is 
excepted.    And  the  said  CD  hath  remised,  released, 
and  forever  quit  claimed,  \nd  by  these  presents,  dotf, 
for  himself,  his  heirs,  executors,  andadminis-  ReieasefVomas- 
trators,  remise,  release,  and  Tore  er quit-claim  pjgnee  to  as- 
uotot.hes.iiri  \  B  his  executors  and  adminis-  81gnor- 
trator3,all,  and  all  manner  of  action  and  actions,  eause 

C2 


COVENANTS. 


and  causes  of  actions,  suits  differences,  coiitio- cr^ic  r, 
quarrels,  bonds,  covenants,  notes,  bills,  damage?,  claim?, 
arid  demands  whatsoever  and  howsoever,  both  at  law*and 
in  equity,  which  he  the  said  C  D  now  hath,  or  which  he. 
Ins  executors,  administrators  or  assigns  can  or  may  at  any 
time  or  times  hereafter,  have,  claim,  challenge  or  de- 
mand of  or  agaiast  the  said  AB,  his  heirs,  gfeeeutofH  of 
administrators,  for  or  by  reason  or  means  of  tl>e  said  co- 
partnership, or  any  other  matter,  or  thing  relating  thereto 
or  any  other  matter,  cause  or  thing  whatsoever,  from  the 
beginning  of  the  world,  to  the  day  of  the  date  hereof,  sore 
and  except  the  covenants  and  agreements  herein  contain- 
ed, on  the  part  and  behalf  of  the  said  A  B,  his  executors 
and  administrators,  to  be  done  and  performed.    And  also, 

save  and  except  the  said  sum  of  so  as  aforesaid,  due, 

from  him  the  said  A  B  to  the  said  C  D  by  virtue  of  the 
said  aboveinentioned  bond,  bearing  even  date  herewith  as* 
Covenants  aforesaid.  And  the  said  C  D  doth  hereby  for 
to  pay  debts  himself,  his  heirs,  executors  and  administra- 
tors, covenant,  promise  and  agree  to  and  w  ith  the  said  A 
B,  his  executors  and  administrators,  in  manner  following, 
(that  is  to  say,)  That  he  the  said  C  D,  his  executors  and 
administrators  shall  and  will,  as  soon  as  conveniently  may 
be,  pay  and  discharge  ail  debts  and  demands  whatsoever, 
due  and  owing  from  the  said  C  D  and  A  B  on  account  oC 
the  said  copartnership,  or  which  he  the  said  A  B,  his  ex- 
ecutors or  administrators  shall  or  may  be  liable  to  pay 
satisfy  or  make  good  jointly  with  the  said  C  D  Ipr  or  by 
reason  or  means  of  the  said  copartnership.  And  also, 
Indemnity  shall  and  will  from  time  to  time,  and  at  all  times 
&c-  'hereafter,  well  and  sulFicieutly  save,  defend,  keep 
harmless  and  indemnified  the  said  AB,  his  heirs,  execu- 
tors and  administrators,  and  his  and  their,  and  every  of 
their  estate,  goods,  chattels  and  effects  of,  from  and  a- 
gainst  all  costs,  payments,  charges,  demands  and  expens- 
es whatsoever  and  howsoever,  which  he  the  said  A  B,  his 
heirs,  execu  o  s  or  administrators,  or  his  or  their  estate, 
goods,  chattels  or  effects  shall  or  may  suffer,  sustain  or  be 
pur  unto,  for  or  by  reason  or  means  of  the  said  copartner- 
ship, joint  trade  or  dealing,  or  for  or  by  reason  or  means 
of  the  said  C  D,  his  executors  or  administrators,  making 
use  of  the  name  of  the  said  A  B  in  any  suit  or  action  for 
the  recovery  of  the  said  copartnership's  debts  and  effects* 


COVENANTS. 


3 1 


o:  by  reason  or  means  of  his  being  made  defendant  in  any 
suits,  or  any  other  matte/  or  thing  whatsoever,  relaiing  to 
the  said  co-partnership.  And  vt  is  hereby  inutu-  covenant 
ally  agreed  bv  and  between  the  said  parties  to  for  second 
these  presents,  that  the  said  A  B  shall  continue  ^ 
aud  be  a  servant  as  a  shopman  to  the  said  C  1)  nan  to  the 

in  the  said  business,  from  this  time  to  the   other. 

(lav  0f  UOw  next,  at  the  wages  and  after  the  rate  of 

$100  a  year,  which  the  said  C  D  here!)}  agrees  to  pay  him 

by  monthly  payments,  that  is  t0  say,  $  on  the  ias!  day 

oi'  every  calender  month,  to  be  computed  from  the  date 
hereof,  and  in  proportion  thereto  for  the  fraction  or  re- 
mainder of  a  month  on  the  last  day  of  the  said  term. — 
And  that  he  the  said  A  B  shall  continue  afterwards  in  the 
service  of  the  said  C  lJ  for  one  year  longer,  to  commence 

from  the  day  of  next  in  case  the  said  C  I)  shall 

think  fit,  to  continue  him  the  said  A  B  so  long  ^  bp 
in  the  said  service,  and  shall  signify  such  his  continued  at 
intention  in  writing,  at  least  two  months  be-    the  o^tiouof 

tore  the  said  day  of          next,  at  and  rf  hr5t- 

ter  the  rate  and  wages  of  S 100  a  ye  r,  payable  by  monthly 
payments  as  aforesaid.  And  that  the  said  A  B during  the 
time  he  shall  be  in  the  service  of  the  said  C  D,  ihall  dili- 
gently attend  the  business  of  the  said  C  D  as  a  shopman, 
and  behave  himself  in  every  respect  us  a  shopman  ought 
to  do.    In  witness,  kc. 


A  Charter  Party  of  Assignment. 

Fff^HIS  Charter  Parly,  indented,  made,  concluded,  arid 

JL    agreed  upon,  the  day  of  in  the  year  of  our 

Lord  between  A  B  of  master  and  owner  of  the 

-hip  or  vessel  called  of  the  burthen  of  of  the 

one  part,  and  C  D  of   of  the  other  part,  nitrutsclh, 

that  the  said  A  B  for  the  consideration  hereinafter  men- 
tioned, hath  granted  and  to  freight  Ietten,  and  by  these 
presents  doth  grant  and  to  freight  let,  unto  the  said  C  D, 
his  executors,  administrators  and  assigns,  the  whole  ton- 
nage of  the  hold,  stem,  sheets,  aud  half  deck  of  the  said 

ship  or  vessel,  from  the  port  of  to  the  port  of  

in  a  voyage  to  be  made  with  the  said  ship  in  the  manner 
following  (that  is  to  say)  the  said  A  B  is  to  sail  with  the 
irst  fair  wind  and  weather  that  shall  happen,  next  after 


32 


COVENANTS. 


the  — —  day  of  or  before  the  day  of  next, 

from  the  said  port  of  —  with  the  goods  and  merchan- 
dizes of  the  said  C  D,  his  factors  or  assigns,  on  hoard  to 

■  aforesaid,  there  to  be  delivered  and  discharged  of 

her  said  cargo,  within  fifteen  days  next  after  her  arrival 
to  the  end  of  the  said  voyage ;  In  consideration  whereof, 
the  said  C  D,  for  himself,  his  heirs,  executors  and  admin- 
istrators, doth  covenant,  promise  and  agree,  to  and  with 
the  said  A  B,  his  executors,  administrators  and  assigns, 
and  every  of  them  by  these  presents,  that  he  the  said  C  D, 
his  executors,  administrators,  factors  or  assigns,  shall  and 
will  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said 
A  B  ,  his  executors,  administrators  and  assigns,  for  the 

freight  of  the  said  ship  or  goods,  the  sum  of    [Or 

thiL9,  20  dolls,  a  ton  for  loading  or  unloading  and  taking 

in  goods  at  and  —  ports]  within  one  and  twenty 

days  after  the  said  ship's  arrival,  and  goods  discharged  at 

 aforesaid,  for  the  end  of  the  voyage  ;  and  also  shall 

and  will  pay  for  demurrage,  if  any  shall  be  by  the  default 
of  him  the  said  C  D,  his  factors  or  assigns,  the  sum  of 
two  dollars  a  day,  daily  and  every  day,  as  the  same  shall 
grow  due  ;  and  the  said  A  B,  for  himself,  his  heirs,  exec- 
utors and  administrators,  doth  covenant,  promise,  grant 
and  agree,  to  and  with  the  said  C  D,  his  executors,  ad- 
ministrators and  assigns,  and  every  of  them,  by  these  pres- 
ents, that  the  said  ship  or  vessel  shall  be  ready  at  the  said 

port  of  —  at  key,  to  take  in  goods,  by  the  said  

day  of  next  coming  ;  and  within  ten  days  after  the 

3aid  ship  shall  be  ready  at  the  3aid  key  as  aforesaid,  the 
said  C  D  doth  grant,  promise  and  agree  to  have  his  goods 
ready  and  put  on  board  the  said  ship,  in  order  that  she 
may  proceed  on  her  said  voyage.  And  the  said  A  B 
doth  also  covenant,  promise,  grant  and  agree  to  and  with 
the  said  C  D,  his  executors,  administrators  and  assigns, 
that  the  said  ship  or  vessel  now  is.  and  at  all  times  during 
the  said  voyage  shall  be,  to  the  best  endeavor  of  the  said 
A  B,  his  executors  and  administrators,  at  his  and  their 
•wn  proper  costs  and  charges,  in  all  things  made  aud  kept 
stiff,  staunch  and  strong,  and  well  furnished  and  provided 
as  well  with  men  and  mariners  sufficient  and  able  to  sail, 
guide,  and  govern  the  said  ship,  as  with  all  manner  of  rig- 
ging, boats,  tackle,  apparel,  furniture,  provision  and  ap- 
pertenances  fitting  and  necessary  for  the  said  men  and 


COVENANTS. 


3o 


mariners,  and  for  the  said  ship,  daring  the  voyage  afore- 
said.   In  -witness,  &c. 


A  Letter  of  License  to  a  Debtor. 

FTT^O  all  to  whom  these  presents  shall  come,  we  E  P 

_H.    of  G  11  of          [Here  name  the  several  other 

creditors]  whose  names  are  under  written,  and  seals  affix- 
ed, creditors  of  A  B,  now  or  late  of  send  greeting. 

Whereas  the  said  A  B  on  the  day  of  the  date  hereof,  is 
indebted  unto  us  the  said  creditors  in  divers  sums  of  mo- 
ney, which  by  reason  of  great  losses  and  misfortunes  he  is 
not  at  present  able  to  pay  and  satisfy  without  respite  of 
time  to  be  given  him  for  that  purpose  ■  Know  ye  therefore, 
that  we  the  said  creditors,  arid  every  of  us,  do  by  these 
presents  severally  give  and  grant  uuto  the  said  A  B,  free 
license,  liberty  and  leave,  and  our  sure  and  safe  conduct, 
to  come,  go,  and  resort  unto  us  and  every  of  us,  his  said 
creditors,  to  compound  and  take  order  with  us,  and  every 
one  of  us,  for  our  and  every  of  our  said  debts  ;  and  also  go 
about  his  other  business  and  affairs  at  his  free  will  and 
pleasure,  from  the  day  of  the  date  hereof,  until  the  full  end 
and  term  of  —  next  ensuing,  without  any  let,  suit, 
trouble,  arrest,  attachment  or  other  disturbance  whatso- 
ever, to  be  offered  or  done  unto  him  the  said  A  B,  his 
WOres,  goods,  money  or  merchandizes  whatsover,  by  us, 
or  any  of  us,  or  by  the  executors,  EKlminktraton,  partners, 
or  assigns  of  us  or  any  of  us,  or  by  our  or  any  of  our  means 
or  procurement.  And  we  the  said  creditors,  severally 
nad  respectively,  each  for  him-fif,  bis  executors  and  ad- 
ministrators, doth  severally  and  apart,  and  not  jointly,  cov- 
enant, giant  and  agree,  to  and  with  the  said  A  B,  his  ex- 
ecutors and  administrators,  and  every  of  then  by  these 
presents,  thnt  it  any  trouble,  vexation,  wrong,  damage  or 
hindrance,  stall  be  done  unto  him  the  said  A  B,  either  in 

his  body,  goods  or  chattels,  within  the  said  term  of  

from  the  date  of  these  presents,  by  us,  or  any  of  us,  con- 
trary to  the  tenor  and  effect  of  this  our  license,  that  then 
he  the  said  A  B,  his  executors  and  administrators,  shall  be 
acq  lilted  and  discharged  towards  and  against  him  and 
them,  of  us,  his  and  their  executors,  administrators,  part- 
ners and  assigns,  and  every  of  them,  by  whom  and  by 


34 


COVENANTS. 


•whose  means  he  shall  be  vexed,  arrested,  troubled,  impris- 
oned, attached,  grieved  or  damnified,  of  all  manner  off  ac- 
tions, suits,  quarrels,  debts,  dues  and  demands,  either  in 
law  or  equity  whatsoever,  from  the  beginning  of  the  world 
to  the  day  of  the  date  of  these  presents  :  Provided  always 
nevertheless,  and  it  is  the  true  intent  and  meaning  of  these 
presents,  and  of  the  said  parties  hereunto,  that  if  all  the 
said  parties  shall  not  subscribe  and  seal  these  presents, 
then  and  in  such  case,  the  liberty  and  license  hereby  giv- 
en and  granted,  and  every  clause,  covenant,  matter  and 
thing  therein  contained,  shall  cease  and  be  utterly  void  to- 
all  intents  and  purposes;  any  thin";  herein  before  contain- 
ed to  the  contrary  thereof  in  any  wise  notwithstanding. 
In  witness,  Sec. 


A  Composition  with  Creditors. 

TO  all  to  whom  these  presents  shall  come,  we  whose 
names  are  here  under  written,  and  seals  affixed,  cred- 
itors of  A  B  of  send  greeting.    Whereas  the  said  A  B 

doth  justly  owe,  and  is  indebted  unto  us,  his  said  several 
creditors,  in  divers  sums  of  money  ;  but  by  reason  of 
many  losses,  great  hindrances  and  other  damages  hap- 
pened unto  the  said  A  B  he  is  become  utterly  unable  to 
pay  and  satisfy  us  our  full  debts,  with  such  goods,  wares 
and  merchandizes  which  he  hath,  which  we  the  said 
creditors  are  unwilling  to  accept  of,  or  any  wise  to  inter- 
meddle with  the  same  ;  and  therefore  we  the  said  cred- 
itors have  resolved  and  agreed  to  undergo  a  certain  loss, 
and  to  accept  of  five  shillings  for  every  pound  owing  by 
the  said  A  B  to  us  the  several  and  respective  creditors 
aforesaid,  to  be  paid  in  full  satisfaction  and  discharge  of 
our  several  and  respective  debts.  Now  know  ye,  that  we 
the  said  creditors  of  the  said  A  B  do  for  ourselves  sever- 
ally and  respectively,  and  for  our  several  and  respective 
heirs,  executors  and  administrators,  covenant,  promise, 
compound  and  agree,  to  and  with  the  said  A  B,  his  ex- 
ecutors and  administrators,  and  to  and  with  every  of 
them  by  these  presents,  that  we  the  said  several  and  re- 
spective creditors,  our  several  and  respective  heirs,  ex- 
ecutors, administrators  and  assigns,  shall  and  will  accept, 
receive,  and  take  of  aud  from  the  said  A  B.  his  executors 


COVENANTS. 


3d 


and  ad*fe$Hstrators,  for  each  and  every  pound  that  the  said 
A  B  doS  owe  and  is  indebted  to  us  the  said  several  and 
respective  creditors,  the  sum  of  five  shillings,  in  full  dis- 
charge and  satisfaction  of  the  several  debts  and  sums  of 
money  that  the  said  A  B  doth  owe  and  stand  indebted  un- 
to us  the  said  creditors  respectively  ;  so  that  the  said  sum 
of  five  shillings,  to  be  paid  for  each  and  every  pound  that 
the  said  A  B  doth  owe  and  standeth  indebted  unto  us  the 
said  several  and  respective  creditors  be  paid  unto  us  the 
said  several  and  respective  creditors,  our  several  and  res- 
pective executors,  administrators  or  assigns,  within  the 
time  or  space  of  six  months  next  after  the  date  of  these 
presents ;  And  we  the  said  several  and  respective  cred- 
itors, do  severally  and  respectively,  for  ourselves,  our  se- 
veral and  respective  heirs,  executors,  administrators  and 
assigns,  covenant,  grant,  promise  and  agree,  to  and  with 
the  said  A  B  his   executors  and  administrators  that 
the  said  A  B,  his  executors,  administrators  and  assigns,  shall 
and  may  from  time  to  time,  and  at  all  times  within  the 
said  term  or  space  of  six  months  next  ensuing  the  date 
hereof,  assign,  sell,  or  otherwise  dispose  of  his  said  goods 
and  chattels*,  wares  and  merchandizes,  at  his  and  their  own 
free  will  and  pleasure,  for  and  towards  the  payment  and 
satisfaction  of  the  said  five  shillings  for  every  pound  the 
said  A  B  doth  owe  and  is  indebted  as  aforesaid,  unto  us 
the  said  respective  creditors ;  and  that  neither  we  the 
said  several  and  respective  creditors,  or  any  of  us,  nor  the 
executors,  administrators  or  assigns  of  us  or  any  of  us, 
shall  or  will,  at  any  time  or  times  hereafter,  sue,  arrest, 
molest,  trouble,  imprison,  attach  or  condemn  the  said  A 
B  his  executors  or  administrators,  or  his  or  their  goods, 
and  chattels, for  any  debt  or  other  thing  now  due  and  ow- 
ing to  us  or  any  of  us  his  respective  creditors  aforesaid; 
so  as  the  said  A  B,   i    executors  or  administrators,  do 
well  and  truly  pay,  or  cause  to  be  paid  unto  us  his  said 
several  and  respective  creditors,  the  said  sum  of  five 
shillings  for  every  pound  he  doth  owe  and  standeth  in- 
debted unto  us  respectively,  within  the  said  time  or  space 
of  six  months  next  ensuing  the  date  hereof.    In  witness. 


36 


COVE  X  ANTS. 


Articles  of  Marriage. 

A  RTICLES  of  agreement  of  three  parts  indented, 
J\_  made,  &c.  between  A  B  of  &c.  of  the  first  part,  E 
D  of  (C-c.  daughter  of  &c.  of  the  second  part,  and  C  D  of 
fee.  and  £  F  of  &c.  of  the  third  part,  as  followeth: 
Whereas  the  said  E  D  is  seized  to  her,  and  to  her  heirs 
in  fee  simple,  of  and  in  certain  lands,  messuages  or  tene- 
ments with  their  appertenances,  situate,  lying  and  being, 
cJc.  And  whereas  a  marriage  is  shortly  intended  to  be 
had  and  solemnized  between  the  said  A  B  and  E  D  with 

whom  the  said  A  B  is  te  have  and  receive  dollars 

ID  money,  over  and  besides  the  lands,  Sec.  above  mention- 
ed, and  as  for  her  marriage  portion ;  it  is  therefore  cov- 
enanted and  agreed,  by  aud  between  the  said  parties  to 
these  presents,  in  manner  and  form  following,  (that  is  to 
say),  First,  the  said  A  B  for  himself,  his  heirs,  executors 
and  administrators,  doth  covenant  and  agree  to  and  with 
the  said  C  D  and  E  F  (heir  heirs  and  assigns,  that  they 
the  said  A  B  and  E  D  his  intended  wife,  in  case  the  said 
intended  marriage  shall  be  had  and  solemnized,  by  some 
good  and  sufficient  conveyance  or  conveyances  in  the  law, 
shall  settle  and  assure  all  those  lands,  messuages  or  ten- 
ements, with  the  appertenances  whereof  she  the  said  E 
D  is  seized  as  aforesaid,  on  and  to  the  said  C  D  and  E  Fto 
the  use  arftl  behoof  of  the  said  A  B  and  his  assigns,  dur- 
ing the  term  of  his  natural  life:  and  from  aud  after  the 
decease  of  the  said  AB  then  to  the  use  and  behoof  of  Ihe 
said  E  D  his  said  intended  w  ife,  for  and  during  the  term 
of  her  natural  life  ;  and  from  and  after  her  decease,  then 
to  the  use  and  behoof  of  the  heirs  of  the  body  of  the  said 
E  D  by  the  said  A  B  lawfully  to  be  begotten,  and  for  the 
default  of  such  issue,  then  to  the  use  and  behoof  of  the 
said  E  D,  her  heirs  and  assigns  forever,  aud  to  and  for  no 
other  use,  intent  or  purpose  whatsoever. 

And  whereas  the  said  E  D  is  also  possessed  of,  or  in- 
terested in,  for  the  remainder  of  a   term  of  years, 

(if  she  shall  so  long  live)  all  that  messuage  or  tenement, 
with  the  appertenances,  situated,  Sec  by  virtue  of  a  cer- 
tain indenture  of  lease  thereof  granted  to  the  said  E  D 
by  L  itf  of  &c.  Now  the  said  A  B  for  himself,  his  heirs, 
executors  and  administrators,  doth  further  covenant, 
grant  and  agree  to  and  with  the  said  C  D  and  E  F  their 


COVENANTS. 


31 


heirs  and  assigns,  that  they  the  said  A  B  and  E  D  his  said 
intended  wife  (in  case  the  said  marriage  shall  take  ef- 
fect) shall  and  will,  by  like  good  and  sufficient  conveyances 
in  the  law,  settle  and  assure  the  said  messuage  or  tene- 
ment, with  the  appertenances,  in  such  manner,  as  that 
the  same  may  be  held  and  enjojed,  and  the  rents  and  pro- 
fits thereof  may  be  had,  received  and  taken  by  the  said  A 
B  and  his  assigns,  during  so  many  years  of  the  said 
term,  as  she  shall  happen  to  live ;  and  from  and  after  his 
decease  then  by  the  said  E  D  his  said  intended  wife,  and 
her  assigns,  for  and  during  so  many  years  of  the  said 
term  as  she  shall  happen  to  live;  and  from  and  after  her 
decease,  then  by  such  children  of  the  said  E  D  by  the 
said  A  B  to  be  begotten,  in  such  a  manner  as  it  may  not 
be  in  the  power  of  the  said  A  B  to  defeat  such  their  is- 
sue ;  and  for  default  of  such  issue,  then  by  the  executors, 
administrators  or  assigns  of  the  said  E  D  and  upon  no 
other  trust,  and  to  and  for  no  other  use,  intent  or  purpose 
whatsoever. 

And forasmuch  as  the  said  A  B  is  not  at  present  seiz- 
ed or  possessed  of  any  estate  sufficient  to  make  a  joint- 
ure for  the  said  E  D  his  intended  wife,  equivalent  to  her 
fortune,  the  said  A  B  doth  for  himself,  his  heirs,  execu- 
tors and  administrators,  covenant,  grant  and  agree,  to  and 
with  the  said  C  O  and  E  F  their  heirs  and  assigns,  that 
in  ease  the  said  intended  marriage,  shall  take  effect,  and 
he  t he  said  A  B  shall  happen  to  die  in  the  life  time  of  the 
said  E  D  that  then  he  the  said  A  B  shall  and  will,  by  his 
last  will  and  testament  in  writing,  or  otherwise,  give  and 
assure  unto  the  said  E  D  the  sum  of  —  dollars,  of  law- 
ful money  of  the  United  States,  or  the  full  value  thereof 
in  lands,  tenements,  goods  or  chattels,  to  be  at  her  own 
proper  disposal,  and  to  be  by  her  received,  and  taken  to 
her  own  proper  use  and  benefit.    In  witness,  &ic. 


Separation  between  a  Man  and  his  Wife. 

ri^HIS  Indenture  of  three  parts,  mae'e   between  G 

JL    G  of  of  the  first  part,  A  his  wife,  of  the  se> 

com!  part,  and  B  (a  trustee)  of  the  third  part.  [Where, 
as,  &c.  {here  insert  recital  of  the  settlement  before  mar- 
rage  if  any  such  marriage  settlement  there  be)  and]  where- 


38 


COVENANTS. 


as  some  unhappy  differences  have  lately  arisen  between 
the  said  G  G  and  the  said  A  his  wife,  and  they  have  mu- 
tually agreed  to  live  separate  and  apart  from  each  other; 
and  previous  to  such  separation,  he  the  said  G  G  hath 
consented  thereto,  and  also  proposed  and  agreed  that  he 
out  of  his  own  proper  monies,  would  allow  and  pay  to  the 
said  A  his  wife,  during  the  term  of  her  natural  life,  for 
her  better  support  and  maintenance  (over  and  above  the 
provision  made  and  settled  upon  her  the  said  A  for  her 
separate  use  by  the  above  recited  indenture,  one  annuity 
or  yearly  sum  of  $100  clear  of  all  taxes,  charges,  and  de- 
ductions whatsoever,  payable  to  her  in  such  manner  as 
herein  after  is  mentioned,)  subject  nevertheless  to  the 
provision  herein  after  contained,  touching  the  payment 
of  the  said  annuity)  And  also,  that  in  case  the  said  A  his 
wife  should  die  before  him  the  said  G  G,  that  then  the 
said  G  G  should  pay  to  her  executors  the  sum  of  ten 
dollars  towards  her  funeral  charges;  and  that  the  said  G 
G  would  hereby  ratify  and  confirm  the  herein  before  re- 
cited settlement  in  such  manner,  as  hereafter  is  men- 
tioned :  Noiv  this  indenture  witncssetlh,  that  the  said  G  G 
in  pursuance  of  his  aforesaid  proposal  and  agreement,  doth 
hereby  for  himself,  his  executors,  administrators,  and 
for  every  of  them,  covenant,  promise  and  agree,  to  and 
with  the  Rajd  B  (the  trustee)  his  executors,  administra- 
tors and  assigns ;  and  doth  also  agree  with  the  said  A 
his  wife,  in  manner  and  form  following  (that  is  to  say)  that 
it  shall  and  may  be  lawful  to  and  for  the  said  A  his  wife, 
and  that  he  the  said  G  G  shall  and  will  permit  and  suffer 
her  the  said  A  from  time  to  time,  and  at  all  times  from 
henceforth,  during  her  natural  life,  to  live  separate  and 
apart  from  him,  and  to  reside,  and  be  in  such  place  and 
places,  and  in  su«h  family  andfamilies,  and  with  such  rela» 
tions,  friends  and  other  persons,  and  to  follow  and  carry 
on  such  trade  and  business,  as  she  the  said  A  from  time 
to  time  at  her  will  and  pleasure  (notwithstanding  her  pres- 
ent coverture,  and  as  if  she  were  a  feme  sole  and  unmar- 
ried) shall  think  fit ;  and  that  he  the  said  G  G  shall  not, 
nor  will  at  any  time  or  times  hereafter  sue  her  the  said  A 

in  the  court,  or  any  other  court,  for  living  separate 

and  apart  from  him  or  compel  her  to  cohabit  with  him, 
or  to  sue,  molest,  disturb  or  trouble  her  for  such  living 
separate  and  apart  fro«  him,  or  any  other  person  or  per- 


COVENANTS. 


sons  whomsoever,  for  receiving,  harbouring  or  entertain- 
ing her  ;  nor  shall  or  will  without  the  consent  of  the  said 
A  visit  her,  or  knowingly  come  into  any  house  or  place 
where  she  shall  or  may  dwell,  reside  or  be:  ©r  send  or 
cause  to  be  sent  any  letter  or  message  to  her  ;  nor  shall 
or  will  at  any  time  hereafter  claim  or  demand  any  of  the 
monies,  rings,  jewels,  plate,  clothes,  linen,  woollen* 
household  goods  or  stock  in  trade,  which  she  the  said  A 
now  hath  in  her  custody,  power  or  possession,  or  which 
she  shall  or  may  at  any  time  hereafter,  buy  or  purchase, 
or  which  shall  be  devised  or  given  to  her,  or  shall  other- 
wise acquire  and  that  she  shall  and  may  enjoy  and  abso- 
lutely dispose  of  the  same,  as  if  she  were  a  feme  sole  and 
unmarried.  And  further  that  he  the  said  G  G,  his  exec- 
utors or  administrators,  or  some  or  one  of  them,  shall  and 
will  well  and  truly  pay,  or  cause  to  be  paid  unto  the  said 
A  his  wife,  or  her  assigns,  during  the  term  of  her  natural 
life,  for  and  towards  her  better  support  and  maintenance, 

one  annuity  or  yearly  sum  of          of  lawful  money  ot* 

—  free  and  clear  of  all  taxes,  charges  and  deductions 

whatsoever;  the  said  annuity  or  yearly  sum  of  to  be 

paid  and  payable  to  her  the  said  A  and  her  assigns,  during 

her  natural  life,  at  or  upon  or  within  ten  days  next 

after  each  of  the  said  days,  by  four  equal  parts  ;  the 

first  quarterly  payment  thereof  to  begin  and  be  made  on 

 next,  or  within  — days  then  next  following.  In 

consideration  of  which  said  $100  per  ann.  so  hereby  made 
payable  to  her  the  said  A  in  manner  as  aforesaid,  and  of 
the  provision  so  made  for  her  by  the  said  recited  inden- 
ture of  settlement  in  manner  as  aforesaid,  she  the  said 
A  doth  hereby  agree  to  accept  and  take  in  full  satisfac- 
tion for  her  support  and  maintenance,  and  all  alimony 
whatsoever  during  her  coverture.  Provided  always,  and 
it  is  hereby  expressly  agreed  and  declared,  by  and  be- 
tween all  the  parties  hereunto,  aud  the  true  intent  and 
meaning  of  them  and  these  presents  is  and  are,  that  in 
case  he  the  said  G  G,  his  executors  or  administrators, 
shall  at  any  time  hereafter  be  obliged  to,  and  shall  actu- 
ally pay  any  debt  or  debts  which  she  the  A  his  wife 
shall  at  any  time  hereafter  during  her  present  coverture, 
contract  with  any  person  or  persons  whatsoever,  that  then 
and.  in  such  case,  it  shall  and  may  be  lawful  to  and  for  the 
said  G  G,  his  executors  and  administrators,  to  deduct,  re.. 


40 


COVENANTS. 


tain  and  reimburse  to  him  and  themselves  out  of  the  said 
annuity  or  yearly  sum  of  $  1 00  so  hereby  made  payable 
to  her  the  said  A  as  aforesaid,  all  and  every  such  sum  and 
sums  of  money,  as  he  or  they  shall  be  obliged  to,  and  shall 
so  actually  pay  for  or  on  account  of  such  debt  or  debts  to 
be  by  her  the  said  A  at  any  time  hereafter  so  contracted 
as  aforesaid,  together  with  all  costs,  charges  and  damages 
which  he  or  they  shall  or  may  pay  or  sustain  on  accouut 
thereof:  any  thing  herein  contained,  &c.  Andlastly,  the 
said  G  G  (in  pursuance  and  full  performance  of  his  said 
recited  agreement,  and  divers  other  good  and  valuable 
causes  and  considerations  him  thereunto  especially  mov- 
ing) hath  and  by  these  presents  doth  absolutely  establish, 
ratify  and  confirm  as  well  the  said  herein  before  recited 
indenture  of  assignment  and  settlement  made  of  the  said 
personal  estate  of  the  said  A  his  wife,  and  of  the  said  $  100 
and  gold  watch  by  the  said  G  G  and  A  his  wife,  so  there- 
by respectively  assigned  to  them  the  said  G  T  and  J  B 
(the  trustees)  as  aforesaid ;  and  all  and  every  the  several 
trusts,  uses,  declarations,  conditions  and  agreements  in 
the  same  indenture  mentioned,  limited,  expressed  and, 
declared  of  and  concerning  the  same  respectively.  In  wit- 
ness, &c. 

Deed  of  Covenant  to  indemnify  a  master  from 

all  costs,  £fc.  that  may  accrue  by  his  ctj?- 
<pr entice9 s  leaving  himby  consent. 

YJf  THERE  AS  A  B  son  of  C  B  of  in  and  by  certain 

fy  indentures  of  apprenticeship,  bearing  date,  &c. 

did  put  himself  apprentice  to  I  L  of  for  the  term  of 

—  years,  which  was  to  commence  from  &c.  then  last 
past  as  in  and  by  the  said  in  part  recited  indentures,  rela- 
tion being  thereto  had  may  more  at  large  appear— and 
whereas  the  said  A  B  with  the  consent  of  said  C  B 
his  father,  is  desirous  to  leave  the  service  of  the  said  I 
L  and  the  said  I  L  is  consenting  thereto  :  Now  these 
presents  witness  that  the  said  C  B  for  himself,  bis 
heirs  Sec.  doth  covenant,  promise  and  agree  to  and  with 
the  said  I  L,  his  executors,  &c.  that  he  the  said  CB  his 
fcc.  or  some  of  them,  shall  and  will  from  time  tq  time  and 


APPRENTICES. 


41 


at  all  times  hereafter,  save  harmless  and  keep  indemnifi 
ed  the  said  I  L  his  executors,  &c.  his  and  their  goods  and 
chattels,  lands  and  tenements  from  and  against  ail,  every 
and  any  the  covenants  and  agreements  in  the  said  recited 
indenture  of  apprenticeship  contained,  on  the  part  and 
behalf  of  the  said  I  L  to  be  done  and  performed  ;  and  also 
of,  from  and  against  all  and  all  manner  of  costs,  charges, 
damages  and  expenses,  which  he  the  said  1  L  his  execu- 
tors, administrators,  or  assigns,  or  any  of  them,  shall  or 
may  at  any  time  hereafter  any  ways  bear,  sustain,  or  be 
put  unto,  for  or  by  reason  or  means  or  on  account  of  the 
said  indenture  of  apprenticeship,  or  of  the  said  A  B's 
leaving  or  departing  from  the  service  of  the  said  1  L.  In 
witness,  &c. 


APPRENTICES. 

PRACTICAL  REMARKS. 

1 .  As  to  the  Binding. 

An  apprentice  is  a  person,  who  by  contract,  is  to  be 
taught  a  trade. 

An  infant  may  bind  himself  for  any  time  until  his  age 
of  21  ;  but  it  must  be  by  instrument  sealed,  expiessing 
the  consent  of  his  parent  or  guardian,  and  executed  by 
the  parent,  and  the  infant. 

In  case,  however,  the  infant  has  no  parent  living,  norany 
guardian,  the  approbation  of  the  overseers  of  the  poor  of 
the  town,  or  two  justices,  or  a  judge  of  the  common 
pleas  of  the  county,  where  he  resides,  is  sufficient  ;  this 
approbation  must  be  indorsed  on  the  indenture. 

The  age  of  the  apprentice  must  be  inserted  in  the  in- 
denture, as  must  the  money  given  with  him. 

Overseers  of  the  poor,  with  the  consent  of  two  justices, 
residing  in  or  near  the  town,  may  bind  out  infant  paupers, 
or  the  children  of  paupers  or  beggars;  males  to  the  ago 
of  21,  and  females  to  18. 

Such  indentures  must  contain  a  covenant  by  the  m<s- 
(er,  to  teach  the  infant  to  read  and  write,  and  to  give  him 
D2 


42 


APPRENTICES, 


a  new  bible,  at  the  end  of  his  time.  The  age  of  the  ap- 
prentice must  be  inserted  from  the  best  information  to  be 
had. 

2.  As  to  complaints  against  the  apprentice. 

If  an  apprentice  refuse  to  serve,  according  to  the  terms 
Of  his  indenture,  the  master  may  complain  to  a  magistrate, 
who  is  to  send  for  the  apprentice  by  warrant  or  other- 
wise :  and  if  he  continues  refractory,  he  is  to  be  commit- 
ted to  gaol  until  he  will  serve. 

And  if  an  apprentice,  with  whom  money  was  not  given* 
absents  himself,  he  may  be  compelled,  whenever  found, 
at  any  time  within  three  years  after  the  expiration  of  his 
term,  to  serve  double  the  time  he  was  absent,  unless  he 
makes  satisfaction  for  the  loss. 

If  an  apprentice  is  guilty  of  any  misdemeanor,  miscar- 
riage, or  ill  behaviour,  or  does  not  perform  his  duty,  the 
muster  may  apply  to  a  magistrate  of  the  county  ;  who 
shall  take  such  order,  as  the  equity  of  the  case  may  re- 
quire. If  the  magistrate  cannot  compound  or  agree  the 
matter,  he  is  to  recognise  the  master  to  the  next  court  of 
sessions ;  who  may  punish  the  apprentice  by  fine  or  im- 
prisonment, or  both. 

Or  the  master  may  apply  to  three  justices,  if  the  ap- 
prentice is  guilty  of  any  misdemeanor,  or  miscarriage,  or 
ill-behaviour,  and  they  may  discharge  the  apprentice,  oc 
punish  him  by  imprisonment,  not  exceeding  a  month. 

3.  As  to  tomplaints  against  the  Master. 

On  the  other  hand,  if  the  master  is  "  guilty  of  any  mis- 
usage,  refusal  of  necessary  provisions*  or  clothing,  cruel- 
ty, or  other  ill-treatment"  of  the  apprentice,  he  may  apply 
to  a  magistrate  for  relief;  and  if  he  cannot  compound  or 
agree  the  matter,  he  is  to  recognise  the  master,  to  the 
next  court  of  sessions,  who  may  discharge  the  apprentice, 
and  order  any  part  of  the  money  received  with  him  to  be 
refunded. 

Or  the  apprentice  in  case  no  money  was  paid  on  his 
binding,  may  apply  to  three  justices,  who  may,  in  their 
discretion,  discharge  him. 


APPRENTICES.  d$ 
•In  Indenture  of  Apprenticeship. 


IHIS  Indenture  made  the   day  of  witness' 

eth,  that  A  B  son  of  J  B  aged   years,   


months  and  days,  by  and  with  the  consent  of  the  said 

J  B  his  father,  and  of  his  own  free  will,  hath  placed  and 

bound  himself  apprentice  to  C  D  of   blacksmith, 

which  trade  the  said  C  D  now  useth,  and  with  him  as  an 
apprentice  to  dwell,  continue  and  serve,  from  the  day  of 

the  date  hereof  unto  the  full  end  and  term  of  years. 

(or  until  the  said  A  B  shall  have  attainetThis  full  age  of 

21  years,  which  will  be  on  the  day  of  — —  in  the 

year  :)  during  all  which  term,  the  said  apprentice 

his  said  master  well  and  faithfully  shall  serve,  his  secrets 
keep,  his  lawful  commands  gladlj'  do  and  obey ;  hurt  to- 
*his  said  master  he  shall  not  do,  nor  wilfully  suffer  it  to  be 
done  by  others,  but  of  the  same  to  the  utmost  of  his  pow- 
er, shall  forthwith  give  notice  to  his  said  master  ;  the 
goods  of  his  said  master  he  shall  not  embezzle  or  waste, 
nor  them  tend,  without  his  consent  to  any  :  at  cards, 
dice,  or  any  other  unlawful  games  he  shall  not  play  :  tav- 
erns, ale-houses,  or  tipling  houses,  he  shall  not  frctpient  ; 
fornication  he  shall  not  commit ;  matrimony  he  shall  not 
contract  ;  from  the  service  of  his  said  master  he  shall  not 
at  any  time  depart,  or  absent  himself  without  his  said  mas- 
ter's leave  ;  but  in  all  things  as  a  good  and  faithful  appren- 
tice, shall  and  w  ill  demean  and  behave  himself  towards  his 
*aid  master  during  the  said  term 

And  the  said  master  (having  received  the  sum  of  

with  his  said  apprentice)  in  the  said  trade  of  a  blacksmith; 
which  he  now  useth  with  all  things  thereunto  belonging, 
3hall  and  will  teach  and  instruct,  or  cause  to  be  well  and 
sufficiently  taught  and  instructed,  after  the  best  way  and 
manner  he  can  ;  and  shall  and  will  also  find  and  allow  un- 
to his  said  apprentice,  meat,  drink,  washing,  lodging,  (and 
apparel  both  linen  and  woollen)  and  all  other  necessaries, 
fit  and  convenient  for  sueh  apprentice,  during  the  term 
aforesaid  :  (and  shall  also  cause  the  said  apprentice  w  ithin 
such  term,  to  be  instructed  to  read  and  w  rite,  and  to  cypher 
as  far  as  the  rule  of  three  direct  inclusive,  and  at  the  end 
of  the  said  term,  shall  give  to  the  said  apprentice  a  new 
fcible.)   In  witness,  £c. 


APPRENTICES. 


N.  B.  If  it  is  deemed  desirable  to  bind  the  father  to  an- 
swer in  damages  for  the  defaults  of  the  apprentice,  then 
add  at  the  close  of  the  Indenture  this  clause — 

And  for  the  true  and  faithful  performance  and  observance 
by  the  s.iid  apprentice,  of  the  matters  and  things  by  him  to 
be  performed  and  observed  as  aforesaid,  the  said  J  B,  the 
father  of  the  said  apprentice,  doth  hereby  bind  himself  to 
the  said  C  !),  covenanting  with  the  said  C  D,  that  the  ap- 
prentice shall  in  all  things  well  and  truly  keep  and  observe 
this  his  Indenture. 


Indenture  by  the  Overseers  of  the  Poor. 

PJMHIS  Indenture  made  the  day  of   in  the 

J[    year  —  between  A  B  and  C  1),  overseers  of  the 

poor  of  the  tow  n  of  P  in  the  county  of  D  of  the  one  part, 
and  E  F  of  the  said  town,  shoemaker,  of  the  other  part, 
witnesseth  that  the  said  overseers  of  the  poor,  by  and 
with  the  consent  of  G  H  and  J  K,  Justices  of  the  peace 
for  said  county,  residing  in  (or  near)  the  town  aforesaid, 
have  put,  placed  and  bound,  and  by  these  presents  do  put, 
place  and  bind  L  M,  aged  — •  who  is  now  chargeable  to 
the  said  town  (or  whose  parents  are  now  chargeable  to 
the  said  town,  or  who  does  beg  for  alms,  as  the  case 
may  be)  to  be  an  apprentice  with  him  the  said  E  F,  and 
as  an  apprentice  with  him  the  said  E  F  to  dwell,  from 
the  date  of  these  presents  until  the  said  L  M  shall  come 

to  the  age  of    years  according  to  the  statutes  in 

such  case  made  and  provided.  By  and  during  all  which 
time  and  term  the  said  L  M  shall  the  said  E  F,  his 
said  master  well  and  faithfully  serve,  in  all  such  lawful 
business  as  the  said  L  M  shall  be  put  unto  by  the  com- 
mand of  his  said  master,  according  to  the  power,  art  and 
ability  of  him  the  said  L  M,  and  honestly  and  obedient- 
ly in  all  things  shall  behave  himself  towards  his  said 
master,  and  honestly  and  orderly  towards  the  rest  of  the 
family  of  the  said  E  F.  And  the  said  E  F  for  his  part, 
tor  himself,  his  executors  and  administrators,  doth  hereby 
promise  and  covenant,  to  and  with  the  said  overseers  of 
the  poor,  their  executors  and  administrators,  and  their 
successors  for  the  time  being,  and  to  and  with  the  said 
L  M,  that  he  the  said  £  F  shall,  the  said  L  M,  in  the 


ASSIGNMENTS. 


45 


craft,  mystery  and  occupation  of  a  shoemaker,  which  he 
the  said  E  F  now  useth,  after  the  best  manner  that  he  can 
or  may,  teach,  instruct  and  inform,  or  cause  to  be  taught, 
instructed  and  informed,  as  much  as  thereunto  belongeth 
or  appertaineth ;  and  that  the  said  E  F  shall  also  find  and 
allow  unto  the  said  apprentice,  sufficient  meat,  drink, 
washing,  and  lodging  and  apparel,  for  working  and  holy- 
days,  and  all  other  things  needful  or  meet  for  an  appren- 
tice, during  the  term  aforesaid,  and  also  shall  during  the 
said  term,  instruct  the  said  apprentice  or  cause  him  to  be 
iustructed,  to  read  and  write  (and  to  cypher  as  far  as  the 
rule  of  three  direct  inclusive)  and  at  the  end  of  the  said 
term,  shall  and  will  allow  and  deliver  unto  the  said  ap- 
prentice, one  good  new  suit  of  holy-day  clothes,  of  the 

value  of  at  least  and  two  good  suits  for  every  day 

wear,  and  one  new  bible.  And  the  said  E  F,  for  himself, 
\m  executors  and  administrators,  doth  further  covenant 
to  and  with  the  said  overseers  of  the  poor,  and  their  suc- 
cessors for  the  time  being,  that  during  the  continuance  of 
the  apprenticeship  aforesaid,  he  and  they  will  so  prov  ide 
for  the  said  apprentice,  that  he  shall  not  in  any  way  or. 
planner  be  a  charge  to  the  said  town  of  P  or  the  inhabit- 
ants thereof.    In  witness,  &c. 

The  assent  of  the  Justices. 
We  G  H  and  J  K  two  of  the  Justices  of  the  peace  for  the 
county  of  D,  dwelling  in  (or  near)  the  town  of  P,  do  here- 
by declare  our  assent  to  the  binding  L  M,  apprentice  to 
B  F,  according  to  the  form  and  effect  of  the  above  written 
Indenture.    Given  under  our  hands  the  day  of,  etc. 


ASSIGNMENTS. 
Jin  Assignment  of  a  Bond. 

JHEREAS  A  Bof  —  —  in  and  by  one  bond  or  oh- 

f    ligation,  bearing  date  became  bound  to  C  D 

of   in  tIle  penal  sum  of  $500  conditioned  for  the  pay- 
ment of  $250  and  interest  at  a  day  since  past,  as  by  the 
said  bond  and  condition  thereof  may  appear.  And  where- 
as there  now  remains  due  to  the  said  C  D  for  principal, 


46  ASSIGNMENTS. 

and  interest  on  the  said  bond  the  sum  of  $275.  Now 
know  all  men  by  these  presents,  that  the  said  C  D  for  and 
in  consideration  of  the  s»id  sum  of  —  —  to  him  in  hand 

paid  by  E  F  of  the  receipt  whereof  the  said  C  D  doth 

hereby  acknowledge  ;  he  the  said  C  1)  hath  assigned  and 
set  over,  and  by  these  presents  doth  assign  and  set  over 
unto  the  said  E  F  the  said  recited  bond  or  obligation,  and 
the  monies  thereupon  due  and  owing  :  And  all  his  right 
and  interest  of,  in  and  to  the  same.  And  the  said  C  D,  for 
the  considerations  aforesaid,  hath  made,  ordained,  consti- 
tuted and  appointed,  and  by  these  presents  doth  make,  &c. 
the  said  E  F,  his  executors  and  administrators,  his  true  and 
lawful  attorney,  and  attorneys,  irrevocable,  for  him  and  in 
his  name,  and  in  the  name  and  names  of  his  executors  and 
administrators,  but  for  the  sole  and  proper  use  and  benefit 
of  the  said  E  F,  his  executors,  administrators  and  assigns, 
to  ask,  require,  demand  and  receive  of  the  said  A  B,  his 
heirs,  executors  and  administrators,  the  money  due  on  the 
said  bond  :  and  on  non-payment  thereof,  to  sue  for,  recov- 
er and  receive  the  same.  And  on  payment  thereof,  to  de- 
liver up  and  cancel  the  said  bond,  and  give  sufficient  re- 
leases and  discharges  thereof.  And  one  or  more  attorney 
or  attornies  under  him  to  constitute  ;  and  whatsoever  the 
said  E  F,  or  his  attorney  or  attornies  shall  lawfully  do  in 
the  premises,  the  said  C  D  doth  hereby  allow  and  confirm. 
And  the  said  C  D,  doth  covenant  with  the  said  E  F,  that 
he  the  said  C  D  hath  not  received,  nor  will  receive  the  said 
monies  due  on  the  said  bond,  nor  any  part  thereof,  neither 
shall  or  will  release  or  discharge  the  same,  or  any  part 
thereof,  but  will  own  and  allow  of  all  lawful  proceedings 
tor  recovery  thereof,  he  the  said  E  F,  saving  the  said  C  D 
harmless  of  and  from  any  costs  that  may  happen  to  him 
thereby.    In  witness,  &c. 

The  like  by  Indorsement. 

KNOW  all  men  by  these  presents,  that  I,  the  within 
named  A  B  in  consideration  of  to  me  in  hand 

paid  by  C  D,  the  receipt  whereof  1  do  hereby  acknowl- 
edge, have  bargained,  sold  and  assigned,  and  by  these  pres- 
ents do  bargain,  sell,  and  assign,  to  the  said  C  P,  his  exec- 
utors, administrators  and  assigns,  the  within  written  obli- 


ASSIGNMENTS. 


47 


ition  and  condition,  and  all  sum  and  sums  of  money 
le  and  to  grow  due  on  the  same.  And  I  do  covenant 
ith  the  said  C  D,  that  there  is  now  due  on  the  said  obli- 
ition,  according  to  the  condition  thereof  for  principal  and 
terest,  the  sum  of  — .  And  I  do  authorize  the  said 
D  in  my  name,  to  demand,  sue  for,  recover,  receive  and 
ijoy  the  monies  due  and  to  be  due  as  aforesaid. 
In  witness,  &c. 

An  Assignment  of  a  Judgment  Recovered. 

rHIS  Indenture,  made           between  AB  of  of 
the  one  part,  and  C  D  of  of  the  other  part  ; 

hereas  the  said  A  B  did  in  April  term,  in  the  year  of 
ir  Lord  1300,  recover  by  judgment  in  the  supreme  court 
;  the  state  of  New  York,  against  E  F  of  —  the  sum  of 

—  debt,  and   for  damages,  as  by  the  record  there- 

now  remaining  in  the  said  court,  may  appear,  Now 
is  indenture  witnesseth,  that  for  and  in  consideration 

the  sum  of          dollars  of  lawful  money  of  New  York, 

i  him  the  said  A  B  in  hand  well  and  truly  paid  by  the  said 
D,  at  or  before  (he  sealing  and  delivery  of  these  pres- 
its,  the  receipt  whereof  is  hereby  acknowledged,  he  the 
tid  A  B  hath  granted,  bargained,  sold,  assigned,  trans- 
rred  and  set  over  unto  the  said  €  D,  hie  executors,  ad- 
inistrators  and  assigns,  the  said  judgment  so  recovered  as 
bresaid,  against  the  said  E  F  and  all  the  benefit  and  ad- 
antage,  sum  and  sums  of  money,  that  may  be  had,  obtain- 
\  or  gotten,  by  reason  or  means  of  the  said  judgment,  or 
ny  proceedings  to  be  had  thereupon.  [Here  insert  a  pow- 
•  to  collect  as  before.] 

An  Assignment  of  a  Lease  by  an  Executor. 

1'HXS  Indenture,  made   between  EF  of  ex- 

ecutor of  the  last  will  and  testament  of  G  H  late  of 

 deceased,  of  the  one  part,  and  J  K  of  ~  of  the 

ther  part.    Whereas  in  and  by  one  indenture  of  lease, 

paring  date  «  and  made  or  mentioned  to  be  made  be- 

veen  Q  T  of  of  the  one  part,  and  the  said  G  H,  by 

ie  name  of  G  H  of  (as  in  the  lease)  of  the  other  part, 

e  the  said  Q  T  for  the  considerations  therein  mentioned 


45  ASSIGNMENTS. 

did  grant,  lease,  set  and  to  farm  let  [Write  tliese  words  as 
you  find  them  penned  in  the  lease.']  all  that  Messuage,  &c. 

situate    [Here  again  pursue  the  words  of  the  lease.] 

To  hold  unto  the  said  G  H,  his  executors,  administrators 

and  assigns,  from  for  and  during  the  whole  term  of 

 years  from  thence  next  ensuing,  and  fully  to  be  com- 
plete and  ended,  at  and  under  the  yearly  rent  of  . 

payable  [as  you  find  in  the  lease.]  as  in  and  by  the 

said  in  part  recited  indenture  of  lease  relation  being  there- 
unto had  may  more  fully  appear  :  Now  this  indenture  wit- 
nessed, That  the  said  E  F  for  and  in  consideration  of  the 

sum  of  —  of  lawful  money  of  <  to  him  in  hand  paid 

by  the  said  J  K,  at  or  before  the  sealing  and  delivery  of 
these  presents,  the  receipt  whereof  is  hereby  acknowl- 
edged, hath  granted,  bargained,  sold,  assigned,  transferred, 
and  sel  over,  and  by  these  presents  doth  grant,  bargain, 
sell,  assign,  transfer  and  set  over,  unto  the  said  J  K,  his 
executors,  administrators  and  assigns,  all  the  said  mes- 
suage or  tenement  and  premises  above  mentioned  to  be 
demised  and  leased  to  the  said  G  H  in  and  by  the  said 
in  part  recited  indenture  of  lease  as  aforesaid,  and  every 
part  and  parcel  thereof,  with  the  appertenances,  and 
also  all  the  estate,  right,  title,  interest,  term  of  years 
yet  to  come  and  unexpired,  property,  claim  and  demand 
whatsoever,  of  him  the  said  E  F,  executor  as  aforesaid, 
of,  in  and  to  the  same,  or  ©f,  in  or  to  any  part  or  parcel 
thereof,  together  with  the  said  in  part  recited  indenture 
of  lease  itself  :  To  have  and  to  hold  the  said  messuage 
or  tenement  and  premises  above  mentioned,  and  here- 
by granted  and  assigned,  and  every  part  and  parcel  there- 
of, with  the  appertenances  unto  the  said  J  K,  his  ex- 
ecutors, administrators  and  assigns,  for  and  during  all 
the  rest,  residue  and  remainder  yet  to  come  and  unex- 
pired, of  the  said  term  of   years,  in  and  by  the 

said  in  part  recited  indenture  of  lease  granted,  in  as  full, 
large  and  ample  a  manner,  to  all  intents  and  purposes, 
as  he  the  said  E  F,  his  executors,  administrators  or  as- 
signs, might,  should,  or  ought  to  have  held  and  enjoyed 
the  same,  by  virtue  of  the  said  in  part  recited  indenture 
of  lease,  or  his  being  executor  as  aforesaid,  or  by  any 
other  ways  or  means  whatsoever  :  And  the  said  E  F  for 
himself,  his  heirs,  executors  and  administrators,  doth 
covenant,  promise,  grant  and  agree,  to  and  with  the  said 


ASSIGNMENTS. 


J  K,  his  heirs  and  assigns,  and  every  of  them  by  these 
presents,  that  he  the  said  E  F  now  hath  in  himself  good 
right,  full  power  and  lawful  authority  to  grant  and  as- 
sign the  said  messuage  or  tenement  and  premises,  and 
every  part  and  parcel  thereof,  with  the  appertenances, 
unto" the  said  J  K,  his  executors,  administrators  and  as- 
signs, in  manner  aforesaid  :  And  also  that  he  the  said  J- 
K,  his  executors,  administrators  and  assigns,  paying  the 
rent,  and  performing  the  covenants,  provisoes,  conditions 
and  agreements  in  and  by  the  said  in  part  recited  inden- 
ture of  lease  reserved,  mentioned  and   contained,  shall 
and  may  from  time  to  time,  and  at  all  times  hereafter, 
for  and  during  all  the  rest,  residue  and  remainder,  yet  to 
come  and  unexpired,  of  the  said  term  of  herein  be- 
fore granted  and  assigned,  as  aforesaid,  peaceably  and 
quietly  have,  hold,  occupy,  possess  and  enjoy  the  said 
messuage  or  tenement  and  premises  hereby  granted  and 
assigned,  and  every  part  and  parcel  thereof  with  the  ap- 
pertenances, without  the  let,  suit,  trouble,  molestation, 
interruption,  eviction,  or  disturbance  of  him  the  said  E 
F,  his  executors,  administrators  or  assigns,  or  any  other 
person  or  persons  law  fully  claiming,  or  to  claim  the  said 
premises,  or  any  part  thereof,  b}r,  from  or  under  him, 
them  or  any  of  them,  or  by  his  or   their  means  or  pro- 
curement :  And  further,  that  he  the  said  E  F,  his  exec- 
utors, administrators  and  assigns,  and  all  and  every  other 
person  and  persons  having,  or  lawfully  claiming  any  es- 
tate, right,  title  or  interest  in  the  said  hereby  granted  and 
assigned  premises,  or  any  part  thereof,  shall  and  will  from 
time  to  time,  and  at  all  times  hereafter,  upon  the  request, 
and  at  the  proper  costs  and  charges  in  the  law  of  the  said 
J  K,  his  executors,  administrators  or  assigns,  make,  do 
and  execute,  or  cause  to  be  made,  done  and  executed,  all 
and  every  such  further  and  other  lawful  and  reasonable 
act  and  acts,  thing  and  things,  assurance  and  assurances 
in  the  law  whatsoever,  for  the  further,  better  and  more 
perfect  granting,  assigning  and  assuring  of  the  said  prem- 
ises above  mentioned,  with  the  appertenances,  unto  the 
said  J  K,  his  executors,   administrators  and  assigns,  for 
and  during  all  the  rest,  residue  and  remainder,  yet  to 

come  and  unexpired,  of  the  said  term  of  hereby 

granted  and  assigned  as  aforesaid,  as  by  the  said  J  K,  his 


bo 


ASSIGNMENTS. 


executors,  administrators  or  assigns,  or  his  or  their  coun- 
sel learned  in  the  law,  shall  be  reasonably  advised,  de- 
vised and  required.     In  witness,  &c. 


An  Assignment  of  a  Lease  by  way  of  Indorse- 
ment. 

KNOW  all  men  by  these  presents,  thai  I,  A  B,  in  con- 
sideration of  to  me  in  hand  paid  by  C  D  the  re- 
ceipt whereof  I  do  hereby  acknowledge,  have  bargained, 
sold,  assigned  and  set  over,  and  by  these  presents  do  bar- 
gain, sell,  assign  and  set  over  unto  the  said  C  ty,  his  ex- 
ecutors, administrators  and  assigns,  (or  if  a  durable  lease, 
say,  his  heirs  and  assigns)  as  well  the  within  written  in- 
denture as  also  all  the  term  and  interest  in  all  and  singu- 
lar the  lands,  tenements,  hereditaments  and  premises 
within  mentioned,  yet  remaining  under  and  by  virtue  of 
the  said  Indenture,  and  likewise  all  my  estate,  right,  title, 
interest,  claim,  property  antf  demand  of,  in,  or  to  the 
same  lands,  tenements,  hereditaments  and  premises, 
which  I  now  have,  either  by  means  of  the  within  indenture 
or  otherwise  howsoever ;  subject  nevertheless,  to  the 
rents  and  covenants  in  the  said  Indenture  contained.  In 
witness,  &c. 

Assignment  of  a  Mortgage. 


'O  all  people  to  whom  these  presents  shall  come.  I, 
C  D  of  ■  &c.  send  greeting. 


Whereas  A  B  of          on  the   day  of  by  his 

deed  of  mortgage  of  that  date,  for  the   consideration  of 

j  did  grant,  bargain,  sell  and  convey  unto  me  the  said 

C  D,  my  heirs  and  assigns,  (here  recite  the  premises) 
To  have  and  to  hold  the  same  to  me  the  said  C  D,  ,my 
heirs  and  assigns  forever,  upon  the  conditions  hereafter 
mentioned,  viz.  That  he  the  said  A  B  should  pay,  &c. 
{here  insert  the  conditions.)  And  whereas  I  have  agreed 

to  assign  the  said  mortgage  to  W  S  of  .  Therefore 

know  ye,  That  I  the  said  C  D  in  consideration  of  the 
sum  of  to  me  in  hand  paid  before  the  ensealing  here- 
of, by  the  said  W  S  do  by  these  presents,  grant,  bargain, 


ASSIGNMENTS. 


51 


sell,  transfer,  assign  and  make  over  unto  the  said  W  S, 
his  heirs  and  assigns  forever  the  said  {premises.)  To  have 
and  to  hold  the  same  to  him  the  said  W  S,  his  heirs  and 
assigns  forever,  as  fully  and  in  as  ample  a  manner  as  I  the 
said  C  D,  my  heirs  or  assigns  might  hold  and  enjoy  the 
same  by  virtue  of  the  mortgage  deed  aforesaid,  and  not 
otherwise.  And  I  do  for  myself,  my  heirs,  executors  and 
administrators,  hereby  authorise  and  empower  the  said 
W  S,  his  heirs,  executors  and  administrators,  to  receive 
to  his  and  their  own  use  the  sum  or  sums  mentioned  in 
the  condition  of  said  deed,  whenever  the  same  shall  he 
tendered  or  paid  to  him  or  them  by  the  said  A  B,  his 
heirs,  executors  or  administrators,  agreeably  thereto,  and 
to  discharge  the  said  mortgage,  or  to  take  and  pursue 
such  other  steps  and  means  for  recovery  of  the  said  sum 
or  sums,  with  the  interest,  by  sale  of  the  said  mortgaged 
premises  or  otherwise,  as  by  law  is  provided,  as  fully  to 
all  intents  and  purposes  as  I  the  said  C  D,  my  heirs,  ex- 
ecutors or  administrators,  might  or  could  do  iu  the 
premises.  And  1  do  for  myself ,  my  heirs,  executors  and 
administrators  covenant  with  the  said  W  S,  his  heirs  and 
assigns,  that  I  have  good  right  to  assign  the  said  (prem- 
ises) as  aforesaid,  and  that  he  the  said  W  S  shall  and  may 
have,  hold,  occupy,  possess  and  enjoy  the  same  (subject 
however  to  the  right  of  redemption  as  by  law  in  such  cases 
is  provided)  against  the  lawful  claim  of  all  persons.  In 
rvitness,  &c. 

Assignment  of  a  Man's  whole  estate,  in  con- 
sideration of  several  debts  and  engagements. 

TO  all  to  whom  these  presents  shall  come,  I,  A  Bof 
 send  greeting.    Whereas  1  am  indebted  uut* 

C  D  of  in  the  sum  of-  of  lawful  money  of  

and  the  said  C  Dand  one  E  F  of  stand  jointly  and 

severally  engaged  for  me  the  said  A  B  in  several  bond* 
or  obligations  for  several  sums  of  money  :  Now  know  yef 
That  I  the  said  A  B  for  and  towards  the  payment  and  sat- 
isfaction of  the  said  monies,  and  for  divers  other  good 
causes  and  considerations  me  thereunto  moving, 
granted,  assigned,  bargained  and  sold,  and  by  these  pres- 
ents do  freely  and  absolutely  grant,  assign,  bargain  and 


to 


ASSIGNMENTS. 


sell  unto  the  said  C  D  and  E  F  all  and  all  manner  of 
goods,  chattels,  debts,  monies  and  all  other  things  of  me 
the  said  A  B  whatsoever,  as  well  real  as  personal,  of 
what  kind,  nature  or  quality  soever  ;  To  have  and  to  hold 
the  same,  and  every  part  and  parcel  thereof,  unto  them 
the  said  C  D  and  E  F,  their  executors,  administrators 
and  assigns  forever.    In  witness,  &c. 


Assignment  of  a  Lease,  to  indemnify  the  As- 
signee on  account  of  his  becoming  bound  with 
and  for  the  proper  debt  of  the  Assignor. 

THIS  INDENTURE  made  &c.  between  A  of  &c. 
of  the  one  part,  and  B,  of  &c.  of  the  other  part. 
Whereas  C  of  &c.  by  his  indenture  of  lease  bearing  date, 
8cc.  for  the  consideration  therein  mentioned,  Did  demise, 
&c.  unto  the  said  A,  his,  &c.  All  that,  <tc.  to  hold  the 
said  premises  unto  the  said  A  his  executors,  &c.  for  and 

during  the  term  of    years,  to  commence  from  the 

■    —  day  of  intheyear          at  and  under  the  yearly 

rent  of  payable  in  manner  as  therein  mentioned  : 

And  whereas  the  said  B  together  with  the  said  A,  and 
at  the  special  instance  and  request,  and  for,  and  on  behalf 
of  the  said  A,  and  as  and  for  his  own  proper  debt,  by  their 
bond  or  obligation,  bearing  date  the  — —  are  bound  unto 
D  of,  &c.  in  the  penal  sum  of  —  with  condition  there- 
under written,  that  if  they  the  said  A  and  B,  or  either  of 
them,  their,  or  either  of  their  heirs,execuiors  or  adminis- 
trators, shall  and  do  well  and  truly  pay  unto  the  said  D, 
his  certain  attorney,  &c.  the  full  sum  of  dollars,  to- 
gether with  lawful  interest  for  the  same,  on  the  day 

of  ■  in  the  year  — —  then  the  said  obligation  to  be 
void,  otherwise,  &c.  as  by  the  said  bond  may  appear  ; 
Now  this  indenture  witnesseth,  that  for  the  indem- 
nifying and  saving  harmless  the  said  B,  his  heirs,  execu- 
tors and  administrators  in  the  premises,  and  for  and  in 
consideration  of  the  sum  of  one  dollar  to  the  said  A  by 
the  said  B  now  paid,  &c.  he  the  said  A  hath  bargained, 
sold,  assigned,  transferred  and  set  over,  and  by  these 
presents,  &c.  unto  the  said  B  as  well  the  said  recited 
indenture  oflease,  as  also  the  said  premises,  #q.  and  all 


ASSIGNMENTS. 


ihe  estate,  &c.  to  have,  &c.  the  said  recited  indenture 
of  lease,  land  and  premises,  &c.  and  all  and  singular,  oth- 
er the  premises  hereby  assigned,  or  mentioned  or  intend- 
ed so  to  be,  with  their  and  every  of  their  appertenances, 
unto  the  said  B,  his  executors,  &c.  from  henceforth,  for 
and  during  all  the  rest  and  residue  of  the  said  term  of 
—  years,  by  the  said  recited  indenture  of  lease  grant-, 
ed,  which  is  now  to  come  and  unexpired.  Subject,  never- 
theless, to  the  several  rents,  covenants,  conditions  and 
agreements  in  the  said  recited  indenture  of  lease  reserv- 
ed and  contained,  and  also  subject  to  the  proviso  here- 
inafter contained,  viz.  Provided  always,  and  these  pres- 
ents are  upon  this  condition,  and  it  is  hereby  agreed  and 
declared  by  and  between  the  parties  hereto,  and  their  true 
intent  and  meaning  is,  that  in  case  the  said  A,  his  heirs,, 
&c.  shall  and  do  well  and  truly  pay  or  cause  to  be  paid 

unto  the  said  I),  his  executors,  Sec.  the  said  sum  of  

dollars  and  the  interest  thereof,  on  the  day,  and  in  man- 
ner, and  according  to  the  condition  of  the  said  recited 
bond  and  in  full  discharge  thereof;  and  also  in  case  the 
said  A,  his  heirs,  &c.  shall  and  do,  in  the  mean  time,  and 
at  all  times  hereafter,  well  and  sufficiently  save,  defend, 
keep  harmless  and  indemnify  the  said  B,  his  heirs,  &c. 
and  his,  their,  and  every  of  their  real  and  personal  es- 
tate, of,  from  and  against  all,  and  all  manner  of  actions, 
suits,  costs,  charges,  expenses  and  damages  whatsoever, 
both  at  law  and  in  equity,  which  shall  or  may  at  any 
time  arise,  fall  or  happen  to  him,  them,  any  or  either 
of  them,  for,  by  reason,  means,  or  on  account  of  his  the 
said  B's  entering  into,  or  being  surety  with,  or  bound 
with  the  said  A  in  the  said  bond  as  aforesaid  :  then  and 
from  thenceforth  the  assignment  hereby  made  of  the  said 
premises,  and  every  covenant,  matter  and  thing  herein 
contained,  shall  he  void  and  of  no  effect,  any  thing,  &c. 
And  the  said  A,  for  himself,  Arc.  doth  hereby  covenant 
to  and  with  the  said  B,  his,  &c.  in  manuer,  &c.  that  he 
the  said  A,  his,  &c.  shall  and  will  well  and  truly  pay  unto 

the  said  D,  his,  &«.  the  said  sum  of  and  the  interest 

thereof,  according  to  the  true  intent  and  meaning  of  the 
condition,  and  in  discharge  of  the  said  bond  ;  and  that  he 
the  said  A,  his  &c.  shall  and  will  at  alt  times,  well  and 
sufficiently  save,  keep  harmless  and  indemnified,  the  said 
B,  his,&c.  of  and  from  pavraeat  of  the  game  ia  manner  jrs 
B  2 


54 


ASSIGNMENTS. 


aforesaid  ;  and  further,  that  he  the  said  A,  his,  &c.  at  any 
time  immediately  after  default  by  him  or  them  made  irr 

the  payment  of  the  said  sum  of  and  the  interest  therof* 

or  any  part  thereof,  to  the  said  D,  his,  &c  shall  and  will 
upon  reasonable  request,  &c.  make,  &c.  (Farther  assur- 
ance)  and  lastly  it  is  hereby  mutually  agreed  and  de- 
clared by  and  between  the  said  parties,  that  until  such 
time  as  a  breach  or  failure  shall  be  made  in  the  perform- 
ance of  the  above  written  proviso,  it  shall  and  may  be  law- 
ful to  and  for  the  said  A,  his  executors,  &c.  peaceably  and 
quietly  to  have,  hold,  use,  occupy,  possess  and  enjoy  the 
said  messuage,  &c. 

Mutual  assignment  between  two  Partners  (up- 
on determining  the  Partnership)  respect- 
ing  bad  debts  which  are  divided  equally,  and 
mentioned  in  two  Schedules^  and  assigned 
to  each  other  respectively, 

THIS  Indenture  made,&c.  Between  A,  &c,  of  the 
one  part,  and  B,  £c.  of  the  other  part.  Whereas 

the  said  parties  were  lately  copartners  in  the  trade  of  

which  partnership  is  determined  :  And  Whereas  sev- 
eral debts  owing  to  the  said  parties  on  account  of  their 
late  partnership  are  still  standing  out  and  unreceived,  and 
are  by  the  said  parties  reckoned  to  be  doubtful  or  des- 
perate, which  are  mentioned  in  two  schedules,  hereon  in- 
dorsed: and  they  have  agreed  to  divide  the  same  in  man- 
ner as  hereunder  is  mentioned,  viz.  the  said  A  is  to  have 
and  receive  the  debts  mentioned  in  the  first  schedule 
hereon  indorsed  to  his  own  use ;  and  the  said  B  is  to  have 
and  receive  the  debts  mentioned  in  the  second  schedule 
hereon  indorsed;  Now  therefore  these  presents  wit- 
ness, that  in  pursuance  of  the  said  agreement,  and  in 
consideration  of  one  dollar  in  hand  paid,  to  the  said  A  by 
the  said  B  he  the  said  A  doth  hereby  fully  and  absolutely 
assign  and  release  unto  the  said  B,  his,<£c.  to  his  and  their 
own  proper  use  and  uses  :  without  any  account  to  be 
made  or  given  for  and  concerning  the  same,  all  his 
right,  title,  claim,  interest,  part,  share,  benefit  and  demand 


ASSIGNMENTS. 


55 


whatsoever,  of,  in  and  to  the  several  demands  and  sums 
of  money,  due  and  owing  to  the  said  parties  on  their  joint 
account  as  aforesaid,  mentioned  in  the  said  second  sched- 
ule hereon  indorsed,  by  virtue  of  the  said  copartnership, 
or  otherwise  howsoever. — And  the  said  A  doth  hereby 
make  and  appoint  the  said  B,  his,  £c.  (letter  of  piter- 

ney}   receive  the  said  debts  mentioned  in  the  said 

second  schedule,  to  his  and  their  own  use  and  uses,  as  a- 
foresaid,  from  the  several  persons  therein  mentioned  and 
all  others  whom  it  may  concern  ;  and  upon  receipt,  &c. 
And  these  presents  further  witness,  That  iu  pur- 
suance of  the  agreement  aforesaid  and  in  consideration 
of  one  dollar  to  the  said  B  in  hand  paid  by  the  said  A,  &e. 
(B  in  like  ma?imr  assigns  to  A  the  debts  mentioned  in 
the  first  schedule,  and  impowcrs  him  to  receive  the  same, 
&c.)  And  each  of  them  the  said  A  and  B,  for  himself, 
his  executors,  &c.  doth  hereby  covenant,  &c.  to  and  with 
the  other  of  them,  his  executors,  Sec.  as  follows,  that  is  to 
say,  that  neither  of  them  the  said  A  nor  B  hath  at  any  t  ime 
heretofore  received,  released  or  discharged  the  debt* 
herein  before  assigned  and  released  to  the  other  of  them, 
nor  any  of  them,  nor  any  part  thereof ;  and  that  neither  of 
them,  his  executors,  <£c  will  at  any  time  hereafter  re- 
ceive, &c.  the  debts  by  them  respectively  assigned  to  the 
other  of  them,  or  any  part  thereof  or  commence  any  action, 
suit  or  process  for  the  recovery  and  receiving  thereof,  hut 
at  the  request  and  with  the  consent  in  writing  for  that  pur- 
pose, under  the  hand  and  seal  of  the  other  of  them,  his 
executors,  &c.  and  that  either  of  them,  his  executors, 
fcc.  shall  and  will  at  the  request  and  charge  of  the  other 
of  them,  his  &c.  do  any  further  act  for  the  better  and 
more  perfect  assigning,  releasing  and  confirming  the 
debts  herein  before  assigned  by  them  respectively  unto 
the  other  of  them,  his  Azc.  and  for  the  enabling  him  and 
them  to  receive  and  recover  the  same  to  his  and  their  own 
use  and  uses,  as  aforesaid,  as  shall  be  reasonably  required  : 
And  lastly,  that  in  case  it  shall  appear  that  either  of 
the  said  parties  hath  received  any  of  the  debts,  herein  be- 
fore assigned  to  the  other  of  them,  or  any  part  thereof, 
in  such  case,  such  of  the  said  parties,  who  shall  so  have 
received  the  same,  his  executors,  &c.  shall  and  will  pay 
and  make  good  the  full  debts,  so  by  him  received  or  dis- 
^arged  to  the  other  of  them,  his  executors,  &c.  with- 


d6 


ASSIGNMENTS. 


in  one  month  after  notice  thereof,  to  him  or  thern  to  be 
made  or  given — In  witness,  <frc. 

Jin  assignment  of  articles  of  agreement  for  the 
sale  of  timber,  and  the  money  arising  there- 
from for  the  payment  of  debts  in  a  Schedule. 

I^HIS  Indenture  Tripartite  made,  Sec.  Between 
A  B  of,  &c.  of  the  first  part,  C  1)  of  £c.  and  E  F  of 
&c.  of  the  second  part,  and  G  H  of  &c.  and  I  K  of  &c. 
of  the  third  part.  Whereas  by  articles  of  agreement  in- 
dented, hearing  date,  &c.  made,  &c.  between  the  said  A 
B  of  the  one  part,  and  R  E  of  <&c.  of  the  other  part,  It  is 
witnessed,  that  the  said  A  Bfor  the  consideration  therein 
after  mentioned,  Did  grant,  &c.  unto  the  said  R  E  all  the 
merchantable  oak  timber  then  standing  and  growing  in 
&c.  In  consideration  whereof,  the  said  R  E  Did,  thereby, 
for  himself,  his  executors,  &c.  agree  to  and  with  the  said 
A  B,  his  heirs,  &c.  that  he  the  saidR  E,  his  executors,  &c. 
should  and  would  pay  unto  the  said  A  B  his  &c.  for  the  said 
timber,  after  the  rate  of  per  ton,  &c.  And  it  is  there- 
by mutually  covenanted,  Sec.  by  &c.  that  the  said  timber 
shall  be  measured,  &c.  nccording  to  custom,  c£c.  And 
also  the  said  parties  did  agree,  thereby  for  themselves,  &c. 
that  the  said  timber  should  be  felled,  &c.  (as  the  case  may 
be,  reciting  the  agreement.)  Now  this  Indenture  wit- 
nesseth,  that  the  said  A  B  for  the  further  and  better  se- 
curing the  payment  of  all  the  debts  mentioned  and  con- 
tained in  the  schedules  hereunto  annexed,  and  for  and 
in  consideration  of  the  sum  of,  &c.  he  the  said  A  B  hath 
bargained,  sold,  assigned,  transferred  and  set  over,  and 
by,  &c.  doth,  &c.  unto  the  said  C  D  and  E  F,  their  &c. 
the  said  recited  articles  of  agreement  made  between  him 
the  said  A  B  and  the  said  R  E  and  all  the  monies  hereaf- 
ter due,  payable  or  to  be  paid  thereupon,  and  the  full  ben- 
efit, profit  and  advantage  thereof,  from  and  after,  &c.  last 
past,  the  payment  then  due  being  to  be  made  to  the  said 
A  B  to  and  for  his  own  use  ;  To  have  and  to  hold  the 
said  articles,  and  all  the  said  monies  due  and  payable  or 
to  be  paid  thereupon,  and  the  full  benefit,  profit  and  ad- 
vantage thereof  unto  the  said  C  D  and  E  F,  their  exec- 
utors, &e.   Upon  tee  trusts  nevertheless,  and  to- 


ASSIGNMENTS. 


57 


and  for  the  uses,  intents  and  purposes  herein  after  men- 
tioned, expressed  and  declared  concerning  the  same  :  and 
it  is  hereby  declared  and  agreed,  by,  &c.  all,  &c.  that  the 
said  recited  articles  and  the  benefit  thereof  and  of  the  mo- 
ney thereby  payable,  is  and  are  so  assigned  to  the  said  C 
D  and  EF  upon  the  trusts  following,  that  is  to  say,  upon 
trust  that  the  said  C  D  and  E  F,  their  executors  &c.  do 
and  shall  receive  and  take  of,  and  from  the  said  R  E,  his 
all  such  sum  and  sums  of  money,  as  shall  become  due 
and  payable  by  force  or  virtue  of  the  said  articles,  and  pay 
and  apply  the  same  money  in  discharge  of  the  costs  and 
charges  of  the  trusts  hereby  created  ;  and  after  the  pay- 
ment of  the  same,  then  upon  trust  to  pay  and  discharge 
the  principal  money  and  interest  due  to  the  several  per- 
sons in  the  schedules  hereunto  annexed,  or  so  far  as  the 
same  will  extend,  in  such  proportions,  &c.  And  tor  the 
purposes  aforesaid  the  said  A  B  hath  made  &c.  and  by 
&c.  doth&c.  the  said  C  D  andE  F,  his  true  and  lawful  at- 
tornies  irrevocable,  &c.  for  him  and  in  his  name,  or  in  the 
names  of  the  said  trustees,  their  executors  and  adminis- 
trators, to  ask,  &c.  of  and  from  the  said  R  E  all  such 
sums,  &c.  which  now  are  or  shall  grow  due  and  payable 
to  the  said  AB,  his  &c.  upon  or  by  virtue  of  the  said  re- 
cited articles,  and  to  take  and  use  alt  lawful  ways,  &c. 
In  witness,  &c. 

— o*o  

An  assignment  of  several  bonds  toa  trustee  for  a 
widow  with  consent  of  her  intended  husband, 
that  the  money  be  at  her  disposal  after  mar- 
riage. 

P3E\Hi$  indenture  tripartite  made,  Sec.  between  J  D  of 

_&    of  the  first  part,  S  G  of  of  the  second 

part,  and  0  W  of          of  the  third  part.    Whereas  J  T 

did  in  and  by  one  bond  or  obligation,  bearing  date  the  

become  bound  unto  the  said  S  G  in  the  penal  sum  of  $40 
with  condition  to  be  void  on  the  payment  of  $20  on  the 
■        and  also  by  one  other  obligation  bearing  date,  &c. 

(as  before)  :    And  whereas  A  T  of  did  likewise  by 

one  obligation,  &c.  (as  before)  And  also  by  another  obli- 
gation, &c.  —  as  by  the  said  recited  obligations,  rela- 


58 


ASSIGNMENTS. 


tion  being  thereunto  had,  may  more  at  large  appear  ; 
which  several  principal  sums  of  money  in  the  several  con- 
ditions of  the  above  recited  obligations,  amount  in  the 
whole  to  the  sum  of  two  hundred  dollars,  and  are  yet  due 
and  owing  unto  the  said  S  G.  Now  this  indenture  witness- 
eth,  That  a  marriage  being  shortly  intended  to  be  had  and 
solemnized  between  the  said  J  I)  and  S  G  in  considera- 
tion thereof,  among  other  things  it  is  agreed,  that  the  saki 
sum  of  $200  principal  money  in  the  condition  of  the  said 
recited  obligations  mentioned,  and  the  interest  thereof,, 
shall  be  deposed  in  such  manner  as  herein  after  is  ex- 
pressed: And  in  pursuance  of  the  said  agreement  the  said 
S  G  with  the  consent  of  the  said  J  D  Hath  granted  and 
assigned,  and  by  these  presents  Doth  grant  and  assign  un- 
to the  said  O  W  the  several  writings  obligatory  before 
recited,  and  all  and  every  the  sum  and  sums  of  money  up- 
on them  due  or  to  become  due.  And  the  said  J  D  and  S  G 
do  hereby  make,  ordain,  constitute  and  appoint  the  said 
O  W,  his  executors  and  administrators,  their  true  and /aw- 
ful attorney  and  attornies  irrevocable,  for  them  and  in  their 
name  or  names,  for  the  uses,  intents  and  purposes  herein 
after  mentioned,  to  ask,  demand  and  receive  of  and  from 
the  said  J  T  and  A  T  and  either  of  them,  their  and  either 
of  their  heirs,  executors  and  administrators,  the  monies 
due  on  the  said  bonds,  and  on  non-payment  thereof,  to 
sue  for  recover  and  receive  the  same,  and  on  payment 
thereof  to  deliver  up  and  cancel  the^said  bonds,  and  give 
sufficient  releases  and  discharges  for  the  same,  and  one 
or  more  attorney  or  attornies  under  him  to  constitute  ;  and 
whatsoever  the  said  O  W  or  his  attorney,  shall  lawfully  do 
in  the  premises,  the  said  J  D  and  S  G  do  hereby  allow  and 
confirm.  And  the  said  J  D  and  S  G  do  covenant  and 
promise  with  the  said  O  W,  that  they  or  either  of  them 
shall  not  nor  will  receive  the  monies  due  on  the  said 
bonds,  or  any  part  thereof,  neither  shall  or  will  release  oi* 
discharge  the  same  or  any  part  thereof,  nor  any  action, 
suit,  judgment  or  execution  thereon,  or  for  the  same  or 
any  part  thereof,  to  be  had,  brought,  prosecuted  or  ob- 
tained, without  the  special  licence  or  consent  of  the  said 
O  W,  his  executors  or  administrators,  therein  or  thereun- 
to first  had  and  obtained  in  writing,  or  the  rule,  order  or 
decree  of  some  court  of  law  or  equity.  And  also,  &c* 
(adding  a  covenant  for  further  assurance  ;  (vide  tit* 


ASSIGNMENTS 


19 


Covenants.)  Provided  always,  and  upon  this  special 
trust  and  confidence,  and  to  this  intent  and  purpose,  that 
the  said  O  W,  his  executors  and  administrators,  shall 
pay  unto  the  said  S  G  so  much  money  as  the  said  O  W 
shall  receive  for  the  interest  or  proceed  of  the  said  $200 
during  so  long  time  as  the  said  J  D  and  S  G  shall  co- 
habit together.  And  the  said  J  D  for  himself,  his  heirs, 
executors  and  administrators,  doth  hereby  further  cove- 
nant and  grant  to  and  with  the  said  O  VV  in  manner  fol- 
lowing, (to  wit)  That  the  whole  interest  or  proceed  of 
the  said  $200  which  the  said  O  W,  his  executors  or  ad- 
ministrators shall  as  aforesaid  from  time  to  time  and  at 
all  times  receive,  he  the  said  O  W,  his  executors  or  ad- 
ministrators, shall  pay  to  the  said  S  G  as  a  feme  sole  ;  And 
the  said  SG  is  hereby  authorised  and  empowered  to  re- 
ceive and  take  the  same,  and  fully  to  discharge  the  said 
O  W,  his  heirs,  executors  and  administrators,  and  every 
of  them  by  her  acquittance  or  otherwise,  with  or  without 
the  consent  of  the  said  J  D  as  if  she  were  a  feme  sole,  and 
all  the  residue  of  the  interest  of  the  said  $200  together 
with  the  said  principal  sum,  to  give  to  such  person  or 
persons  as  she  the  said  S  G  by  any  writing  under  her 
hand  and  seal,  with  or  without  her  said  intended  husband, 
or  by  her  last  will  and  testament  in  writing  shall  direct 
or  appoint;  and  for  want  of  such  direction  and  appoint- 
ment, to  the  executors  and  administrators  of  the  said  S 
G.  Provided  also,  and  it  is  agreed  by  and  between  al!  the 
said  parties  to  these  presents,  that  if  the  said  O  W,  his 
executors  or  administrators  shall  receive  any  part  of  the 
said  principal  sum  of  $200  then  he  or  they  shall  lend  out 
the  same  again  at  interest,  to  such  person  or  persons  and 
on  such  security,  as  the  said  S  G  by  writing  under  her 
hand  and  seal,  with  or  without  the  said  J  D  shall  direct ; 
And  that  the  said  O  W,  his  executors  or  administrators 
shall  not  be  chargeable  to  answer  any  interest  or  profit  of 
the  said  $200  or  so  much  thereof  as  shall  remain  in  his 
or  their  hands  unlent,  in  default  of  such  direction  ;  And 
also,that  notwithstanding  any  thing  before  in  these  pres- 
ents contained,  it  shall  and  may  be  lawful  to  and  for  the  said 
O  W,  his  executors  and  administrators,  out  of  any  in- 
terest-money by  him  or  them  to  be  received  by  virtue  of 
these  presents,  to  reimburse  and  retain  to  him  and  them- 
selves all  such  sum  and  sums  of  money,  as  he  or  they 


to 


ARBITRATIONS  AND  AWARDS. 


shall  necessarily  expend  or  lay  out  by  reason  of  any  suitor 
suits  in  law  touching  the  premises,  not  occasioned  by  any 
breach  of  trust  by  t  he  said  O  W,  his  executors  or  ad- 
ministrators.   In  witness,  &c. 


•in  assignment  of  Dower. 

THIS  Indenture,  made  the  &c.  between  R  L  son 
and  heir  of  OL  late  of  of  the  one  part,  and 

N  H  and  J  his  wife,  who  was  the  widow  and  relict  of  the 
said  O  L  of  the  other  part.  Whereas  the  said  O  L  was 
in  his  life-time  and  at  the  time  of  his  death,  seized  in 
his  demesne  as  of  fee  of  and  in  divers  lands  and  tene- 
ments in  — —  in  the  county  aforesaid,  which  upon  the 
decease  of  the  said  O  L  descended  unto  the  said  R  L. 
Noiv  this  indenture  witnesseth,  that  the  said  R  L  hath  en- 
dowed and  assigned,  and  by  these  presents  doth  endow 
and  assign  unto  the  said  N  H  and  J  his  wife,  the  third  part 
of  the  said  lands  and  tenements,  to  wit,  All  that  mes- 
suage, &c.  To  have  and  to  hold  unto  the  said  N  H  and 
J  his  wife,  for  and  during  the  natural  life  of  the  said  J 
in  severalty  by  metes  and  bounds,  in  the  name  of  dower, 
and  in  recdmpence  and  satisfaction  of  all  the  dower 
which  the  said  J  ought  to  have  of  or  in  the  said  lands  and 
tenements  which  were  of  the  said  O  L  in  —  aforesaid. 
In  witness,  &c. 


OF  ARBITRATIONS  AND  AWARDS. 

The  Act  by  which  parties  refer  a  matter  in  dispute 
to  the  decision  of  a  third  person  is  called  a  Submission 
— the  person,  an  Arbitrator — and  his  decision,  an  A- 
ward. 

The  Submission  may  be  verbal,  or  in  writing.  And 
as  it  is  a  mere  authority,  it  may  in  either  case  be  re- 
voked ;  but  then  notice  must  be  given  of  the  revocation 
before  an  award.  If  the  submission  is  by  bond,  it  will 
become  forfeited  by  a  revocation. 

It  is  common  to  have  several  Arbitrators.  When  this 
is  the  case,  they  must  all  join  in  the  Award,  unless 
it  is  otherwise  provided  for  in  the  Submission.  And 


ARBITRATIONS  AND  AWARDS.  61 


where  there  is  such  a  provision,  all  must  be  present,  ua- 
less  those  who  are  absent  had  proper  notice. 

An  Award  to  be  good,  must  be  according  to  the  Sub- 
mission. 

If  it  embraces  any  matter  not  comprehended  in  the 
Submission,  it  is  so  far  void. 

And  it  must  not  extend  to  any  one  who  is  a  stranger 
to  the  submission  and  controversy,  unless  for  the  benefit 
of  one  of  the  parties  :  and  then  it  must  be  of  an  act  to  be 
done  to,  and  not  by,  the  stranger. 

The  Award  ought  to  comprehend  every  thing  submit- 
ted, and  not  be  of  parcel  only. — It  must  also  be  certaiu, 
or  capable  of  being  reduced  to  a  certainty — advantager 
ous — mutual — and  final. 

And  it  must  not  be  of  a  thing  unreasonable — against 
law — or  which  is  physically  or  morally  impossible  to  the 
party. 


Common  bond  of  Arbitration. 

KNOW  all  men  by  these  presents,  that  I,  A  B  of  the 
town  of  P  in  the  county  of  I),  gentleman,  am  held 

and  firmly  hound  to  E  F  of  the  city  of          merchant,  in 

the  sum  of  $500  of  good  and  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  E  F,  or  to  his  certain  attorney, 
executors,  administrators  or  assigns,  for  which  payment 
to  be  well  and  faithfully  made,  I  bind  myself,  my  heirs, 
executors,  and  administrators  firmly  by  these  presents. 

Sealed  with  my  seal ;  dated  the  

# 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bounden  A  B,  his  heirs,  executors,  and  administrators,  on 
his  or  their  parts  and  behalf's,  shall  and  do  in  all  things 
well  and  truly  stand  to,  obey,  abide  by,  perform,  fulfil,  and 
keep  the  award,  order,  arbitrament,  and  final  determina- 
tion of  M  N,  O  P  and  Q  R,  of&c.  arbitrators,  indifferent- 
ly elected  and  named,  as  well  on  the  part  and  behalf  of 
the  above  bounden  A  B  as  of  the  above  named  E  F,  to  ar- 
bitrate, award,  order,  judge,  and  determine  of  and  con- 
cerning all  and  all  manner  of  action  and  actions,  cause 
and  causes  of  action,  suits,  bills,  bonds,  specialties,  judg- 
ments, executions,  extents,  quarrels,  controversies,  trea- 
F 


62         ARBITRATIONS  AND  AWARDS. 


passes,  damages,  and  demands  whatsoever,  at  any  time 
heretofore  had,  made,  moved,  brought,  commenced,  sued, 
prosecuted,  done,  suffered,  committed,  or  depending  by 
and  between  the  said  parties,  so  as  the  said  award  b^  made 
in  writing,  under  the  hands  of  the  said  M  N,  O  P,  and  Q 
R,  or  any  two  of  them,  and  ready  to  be  delivered  to  the 
said  parties  in  difference,  or  such  of  them  as  shall  desire 
the  same,  on  or  before  the  day  of  — —  then  this  ob- 
ligation to  be  void,  or  else  to  remain  in  full  force. 

Condition  for  an  award  by  an  umpire. 

THE  CONDITION  of  this  obligation  is  such  that  if 
the  above  bounden  J  S,  his  heirs,  executors,  and  ad- 
ministrators, for  and  on  his  and  their  parts  and  behalves, 
do  in  all  things  well  and  truly  stand  to,  obey,  abide,  per- 
form, fulfil,  and  keep  the  award,  order,  arbitrament,  final 
end  and  determination  of  E  H  of,  &c.  in  the  county  of 
&c.  gentleman,  and  W  A  of  Sec.  in  the  said  county,  gen- 
tleman, arbitrators,  indifferently  named,  elected  and  cho- 
sen, as  well  on  the  part  and  behalf  of  the  above-bounden  J 
S,  as  of  the  above  named  R  S,  to  arbitrate,  award,  judge, 
and  determine,  of  and  concerning  all  and  all  manner  of 
action  and  actions,  cause  and  causes  of  action,  suits,  bills, 
bonds,  deeds,  specialties,  judgments,  executions,  extents, 
quarrels,  controversies,  trespasses,  damages  and  demands 
whatsoever,  at  any  time  or  times  heretofore  had,  made, 
moved,  brought  commenced,  sued,  prosecuted,  done,  suf- 
fered, committed,  or  depending,  by  or  between  the  said 
parties,  or  either  of  them,  so  as  the  same  award  be  made 
in  writing,  under  the  hands  and  seals  of  the  said  arbitra- 
tors, on  or  before  the  day  of  next  ensuing  :  But 

if  the  said  arbitrators  do  not  make  such  their  award  of 
and  concerning  the  premises  by  the  time  aforesaid,  then, 
if  the  said  J  S  his  heirs,  executors,  and  administrators, 
for  and  on  his  and  their  parts  and  behalves,  do  in  all 
things  well  and  truly  stand  to,  obey,  abide,  perform,  fulfil, 
and  keep  the  award,  order,  arbitrament,  umpirage,  final 
end  and  determination  of  such  person  as  the  said  arbitra- 
tors shall  appoint  as  an  umpire  between  the  said  parties  of 
and  concerning  the  premises,  so  as  the  said  umpire 


ARBITRATIONS  AND  AWARDS.  63 


do  make  his  award  or  umpirage,  of  and  concerning  the 

premises,  on  or  before  the  day  of  next  ensuing, 

theu  this  obligation  to  be  void,  or  else  to  remain  in  full 
force  : 

WE  the  above  named  E  H  and  W  A  do  appoint,  and 
the  above  named  J  S  and  R  S  do  hereby  consent,  that  S  K 
of,  £c.  shall  be  the  umpire  between  the  said  arbitrators. 
Witness  our  hands  this  &c. 

If  it  is  intended,  that  the  submission  shall  be  made  a  rule 
of  Court,  according  to  tlie  statute,  which  will  give  a  rem- 
edy by  attachment,  jor  a  non-performance  of  the  award, 
and  will  also  narrow  the  exceptions  to  the  award  both  as  to 
time  and  matter,  insert  at  the  end  of  the  condition,  as  fol- 
lows— 

And  it  is  hereby  agreed  that  this  Submission  shall  be 
made  a  rule  of  the  Supreme  Court  of  the  State  of  New- 
York  (or  of  the  Court  of  Common  Pleas  for  the  County 
of  Dutchess — or  of  the  Mayor's  Court  of  the  City  of 
New-York,  as  the  parties  shall  choose.) 


dn  award  that  one  party  shall  pay  money  unto 
the  other,  and  convey  land.  Ml  suits  to  cease . 
Parties  mutually  to  give  general  releases. 

fl|^0  all  to  whom  these  presents  shall  come,  A  A  of 

1   C  -C  of  and  D  D  of  send  greeting. 

fVhereas  divers  suits,  disputes,  controversies  and  differ- 
ences have  happened  and  arisen,  and  are  now  depending 
between  E  E  of  —  and  F  F  of  for  pacifying,  com- 
posing and  ending  whereof  the  said  E  E  and  F  F  have 
bound  themselves  each  to  the  other  in  the  penal  sum  of 

$500  by  several  bonds  or  obligations  bearing  date  

last  past,  before  the  date  hereof,  with  condition  thereun- 
der written  to  stand  to,  obey,  abide,  perform  and  keep 
the  award,  order,  arbitrament,  final  end  and  determina- 
tion of  the  said  A  A,  C  C  and  D  D  arbitrators  indiffer- 
ently named,  elected  and  chosen  as  well  on  the  part  and 
behalf  of  the  said  E  E  as  of  the  said  F  F  to  arbitrate, 
award,  judge  and  determine  of  and  concerning  all  and  all 
manner  of  action  and  actions,  cause  and  causes  of  actions, 
suits,  bills;  bonds,  judgments,  executions,  quarrels,  con- 


64         ARBITRATIONS  AND  AWARDS. 


troversies,  trespasses,  damages  and  demands  whatsoever 
at  any  time  or  times  thentofore  had,  made,  commenced, 
sued,  prosecuted  or  depending  by  or  between  the  said 
parties,  ov  either  of  them,  so  as  the  said  award  should  be 
made  in  writing  under  the  hands  arid  seals  of  the  said  ar- 
bitrators, or  any  two  of  them,  ready  to  be  delivered  unto 
the  said  parties,  or  such  of  them  as  should  require  the 

same  on  or  before  the  — day  of  this  instant  ,  as 

by  the  said  obligations  and  conditions  thereof  it  doth  and 
may  appear :  J¥o7V  know  ye,  that  the  said  A  A,  C  C  and 
D  [)  taking  upon  them  the  charge  and  burden  of  the  said 
award,  and  having  deliberately  heard  the  allegations  and 
proofs  of  both  the  said  parties,  do  by  these  presents  arbi- 
trate, award,  o?der,  decree  and  adjudge  of  and  conerning 
the  premises  in  manner  and  form  following  ;  that  is  to  say, 

First,  they  do  award,  order,  decree  and  adjudge,  that 
the  said  F  F  or  his  heirs,  shall  and  do,  on  or  before  the 
—  day  of  —  next  ensuing  the  date  hereof,  make  and 
execute  a  good  and  sufficient  conveyance  of  a  certain 
farm  in  the  possession  of  the  said  F  F  situate  »  pur- 
suant and  according  to  the  true  intent  and  meaning  of 
certain  articles  of  agreement,  bearing  date  on  or  about 

the  day  of  and  made  between  the  said  F  F  of 

the  one  part,  and  the  said  E  E  of  the  other  part,  or  as 
near  the  same  as  the  present  circumstances  will  admit. 

And  also  the  said  arbitrators  do  further  award,  decree 
and  adjudge,that  the  said  F  F,  his  executors  or  administra- 
tors, shall  and  do,  on  or  before  the  said   day  cf  

next  ensuing  the  date  hereof,  pay  or  cause  to  be  paid  unto 
the  said  E  E,  his  executors  or  administrators,  at  or  in 

the  now  dwelling-house  of  the  said  E  E  in  aforesaid, 

the  sum  of  fifty  dollars,  in  full  payment,  discharge  and 
satisfaction  of  and  for  all  monies,  debts,  duties,  due  or  owing 
unto  the  said  E  E  by  the  said  F  F  upon  any  account  whatso* 
ever,  at  any  time  before  their  entering  into  the  said  bonds 
of  arbitration  as  aforesaid. 

And  also  the  said  arbitrators  do  hereby  further  award, 
order,  decree  and  adjudge,  that  all  actions  and  suits  com- 
menced, brought  or  depending  between  the  said  E  E  and 
F  F  for  any  matter,  cause  or  thing  whatsoever  arising  or 
happening  at  the  time  ol  or  before  their  entering  into  the 
said  bonds  of  arbitration,  shall  from  henceforth  cease  and 
determine,  and  be  no  further  prosecuted  or  proceeded  in 


ARBITRATIONS  AND  AWARDS. 


6^ 


i>y  them  or  either  of  them,  or  by  their  or  either  of  their 
means,  consent  or  procurement. 

And  lastly,  the  said  arbitrators  do  hereby  further  award, 
order,  adjudge  and  decree,  that  the  said  E  E  and  F  F 
shall  and  do,  within  the  space  of  two  days  next  ensuing 
the  date  of  this  present  award,  seal  and  execute  unto  each 
other  mutual  and  general  releases  of  all  actions,  cause 
and  causes  of  action,  suits,  controversies,  trespasses,  debts, 
duties,  damages,  accounts,  reckonings  and  damands  what- 
soever, for  or  by  reason  of  any  matter,  cause  or  thing; 
whatsoever,  from  the  beginning  of  the  world  to  the  day 
of  the  date  of  the  said  bonds  of  arbitration  as  aforesaid. 
In  witness  whereof  the  said  arbitrators  of  this  present 
award  have  set  their  hands  and  seals  this  — ~-  day  ofj  85c 


Jin  award  by  an  umpire. 

TO  all  to  whi  m  ihese  presents  shall  come,  f,J  K  oi: 
 send  greeting.     Whereas  divers  suits,  varian 

ces,  controversies,  strifes,  and  debates  have  been,  and  yet; 

are  depending  between  R  Dof  and  M  C  of  for 

the  appeasing,  pacifying,  ordering  and  determining 
whereof  ihe  said  R  D  and  M  C  have  submitted  them- 
selves, and  are  become  bound  each  to  the  other  by  their 
several  obligations,  dated  the  — ,  in  the  sum  of  , 
with  conditions  thereunder  written,  to  stand  to,  obey, 
abide,  observe,  perform,  fulfil  and  keep  the  award,  order, 
final  end,  arbitrament  and  determination  of  J  F  and  R  R 
arbitrators  indifferently  elected  and  chosen,  as  well  on 
the  part  and  behalf  of  the  said  R  D  as  on  the  part  and  be- 
half of  the  said  M  C,  to  award,  order,  arbitrate,  determine 
and  judge  of  and  concerning  all  and  all  manner  of  actions, 
suits,  judgments,  executions,  accounts,  reckonings,  tres- 
passes, controversies  and  demands  whatsoever,  had,  made, 
moved,  stirred  and  depending  between  the  said  R  U  and 
M  C,  from  the  beginning  of  the  world  until  the  day'of 
the  date  of  these  presents;  so  always  as  the  said  award, 
arbitrament,  determination  and  judgment  of  them  the 
sai  l  J  F  and  R  R  for  and  concerning  ihe  premises,  should 
be  made  and  put  in  writing  under  their  hands  and  seals  on 

or  before   the   ,  and  if  the  said    arbitrators  shnulu, 

not  make  their  said  award  in  writing  aforesaid  on  or> 

F2- 


BILLS  AND  BONDS. 


before  the  said  then  the  said  parties  were  to  stand 

to,  obey,  abide,  observe,  perform  and  keep  the  award, 
umpirage, final  end  and  judgment  of  me  the  said  J  K 
umpire,  indifferently  chosen  between  the  said  parties  for 
ending  the  differences  aforesaid, so  as  my  said  award  and 
umpirage  was  made  in  writing  under  my  hand  and  seal, 
ready  to  be  delivered  to  the  said  parties  at,  &c.  as  by  the 
said  several  obligations  and  conditions  thereof,  relation 
being  thereunto  had,  may  more  fully  and  at  large  appear : 
And  whereas  the  said  J  F  and  R  R  did  not  make  their 
award  between  the  parties  by  the  time  limited  by  the  said 
bonds  of  arbitration  as  above-mentioned,  whereby  the 
composing,  pacifying  and  ordering  the  said  differences, 
and  matters  and  disputes,  depends  wholly  upon  me  ;  Now 
know  ye,  that  I  the  said  J  K  having  taken  upon  me  the 
charge  and  business  of  the  said  award,  and  being  willing 
to  set  the  said  parties  at  peace  and  concord,  by  making  a 
final  end  of  the  controversies  betw  een  them,  and  having 
by  good  advice  and  deliberation  heard  and  examined,  the 
allegations  and  proofs  of  both  the  said  parties  concerning 
the  said  premises  in  dispute,  do  with  the  consent  of  both 
the  said  parties  make,. publish,  deelare  and  deliver  this 
my  award  concerning  the  said  premises  in  manner  and 
form  following,  to  wit,  First,!  finally  award,  judge  and 
determine,  that,  &c.    Secondly,  &c.    In  witness,  &c. 


BILLS,  BONDS,  AND  NOTES  FOR  THE  PAY 
MENT  OF  MONEY. 

PRACTICAL  REMARKS, 

1»  Bills  and  Bonds. 

All  words  which  prove  that  the  maker  is  debtor  to  an- 
other, amount  to  a  sufficient  obligation,  if  under  seal. 

Obligations  are  single  or  penal.  When  single,  they 
usually  take  the  form  of  notes. 

The  principal  differences  between  a  sealed  note  and 
one  without  a  seal  are,  that  the  former  must  be  first  paid 
in  the  settlement  of  a  dead  man's  estate,  audit  is  not  barred 
by  the  statute  of  limitation. 


BILLS  AND  BONDS. 


67 


An  indorsement  of  a  sealed  note  gives  the  holder  noth- 
ing more  than  an  equitable  ownership*  :  He  takes  subject 
to  all  existing  claims  and  defences  by  the  maker. 

As  in  ordinary  cases  of  transfer  of  personal  property, 
the  indorser  is  liable  by  warranty  or  a  false  representa- 
tion. 

Penal  obligations  sometimes  take  the  form  of  penal 
bills,  but  more  usually  that  of  bonds,  with  conditions. 
The  legal  effect  and  operation  of  both  is  the  same. 

The  difference  between  a  single  and  a  penal  obligation 
is,  that  in  a  suit  on  the  former,  no  interest  can  be  collected 
after  the  judgment  is  completed:  but  a  judgment  on  the 
latter,  being  for  the  penalty,  as  due  at  law,  interest  may 
betaken  under  it  until  satisfaction. 

2.  Notes. 

i  No  particular  words  are  necessary  to  make  a  note  ;  any 
promise  in  writing,  which  from  the  time  of  making  it, 
cannot  be  complied  with,  without  payment  of  money,  is  a 
note. 

Notes  payable  to  order  or  bearer,  when  transferred, 
give  to  the  assignee  a  right  against  all  the  antecedent 
I   parties  whose  names  are  on  them. 

Notes  payable  to  bearer  may  be  transferred  by  deliv<  rj 
only,  in  which  case  the  person  making  the  delivery,  ceag- 
es  to  be  a  party  to  the  note  ;  or  by  indorsment,  when  the 
person  who  puis  his  name  on  the  back  of  the  note  be- 
comes liable  as  indorser. 

Notes  payable  to  order  are  assignable  in  the  first  in- 
stance by  indorsement  only,  by  the  payee  :  if  the  indorse- 
ment however  is  in  blank  or  to  bearer,  the  note  may  then 
be  transferred  by  delivery. 

A  note  cannot  be  indorsed  for  a  less  sum  than  all  the 
money  due. 

The  indorsement  maybe  restrictive  so  as  to  preclude 
a  recourse  to  the  indorser  or  any  antecedent  party,  but  it 
must  be  by  express  words. 

If  the  note  is  payable  to  several  persons,  not  partners,  it 
must  be  indorsed  by  all. 

A  note  may  be  transferred  either  before  or  after  it  is 
due.  When  taken  before  due,  the  assignee  is  not  affect- 
ed by  any  circumstances  existing  between  the  antece- 
dent parties  to  the  note.    When  received  after  due,  the 


BILLS  AND  BONDS. 


assignee  takes  the  note  subject  to  all  the  equitable  rights 
existing  between  the  parties. 

A  note  importing  to  be  payable  at  a  certain  time,  is 
not  in  fact  payable  until  three  days  after,  which  are  called 
days  of  grace. 

In  order  to  make  an  indorser  before  the  day  of  payment 
liable,  a  demand  must  be  made,  or  attempted,  upon  the 
last  day  of  grace,  and  notice  of  non-payment  must  be  giv- 
en to  such  of  the  parties  as  reside  in  the  place  by  the  ex- 
piration of  the  next  day  :  to  those  residing  elsewhere,  by 
the  next  post,  or  if  there  is  no  post,  by  the  earliest  ordi- 
nary mode  of  conveyance. 

Every  party  receiving  notice  should  immediately  give 
a  fresh  one  to  the  persons  standing  before  him,  who  he 
wishes  to  make  liable  to  him. 

NOTES. 

I  promise  to  pay  A  B  or  order  (or  hearer,)  on  demand, 
one  hundred  dollars  with  interest,  for  value  received. 
Nov.  6,  1813. 

Two  months  after  date  we  or  either  of  us,  promise  to 
pay  A  B  or  order,  (or  bearer)  one  hundred  dollars  with* 
Interest,  for  value  received.       Nov.  6,1813. 

Indorsement 

Pay  the  contents  to  C  D  or  his  order,  (or  bearer,) 
Nov.  7, 1813, 

BILLS. 

A  Penal  Bill. 

KNOW  all  men  by  these  presents,  that  I,  C  D  do  owe 
unto  E  F  the  sum  of  $100  to  be  paid  to  the  said 
E  F,  his  executors,  administrators  or  assigns,  with  inter- 
est, on  or  before  the  next ;  for  the  which  payment 

well  and  truly  to  be  made,  1  bind  myself,  my  heirs,  exec- 
utors and  administrators,  in  the  penal  sum  of  3200,  firm- 
ly by  these  presents.    In  witness*  &c.     Scaled,  &c. 


BILLS  AND  BONDS. 


69 


A  Single  Bill. 

KNOW  all  men  by  these  presents,  that  I,  C  D  do 
owe  and  am  indebted  toE  F,  the  sum  of  $100  to  be 
paid  to  the  said  E  F,  his  executors  administrators  or  as- 
signs, with  interest,  on  or  before  et  c.    In  witness,  &c, 

— -o*o— 

BONDS  FOR  PAYMENT  OF  MONEY. 
A  Bond  with  a  Condition  from  one  to  one. 

~Yr  NOW  all  men  by  these  presents,  that  i  C  D  of,  &c. 
JOL  am  held  and  firmly  bound  to  E  F  &c.  in  the  sum  of 

 dollars,  money  of  the  United  States,  to  be  paid  to 

the  said  E  F,  his  executors,  administrators  or  assigns ; 
to  which  payment,  well  and  truly  to  he  made,  1  bind  my- 
self, my  heirs,  executors  and  administrators,  firmly  by 

these  presents  :  Sealed  with  my  seal.    Dated  the  

day  of  in  the  year 

The  Condition  of  this  obligation  is  such,  that  if  the  above 
bound  C  D,  his  heirs,  executors  or  administrators,  do 
well  and  truly  pay-  or  co.use  to  be  paid,  unto  the  abov  e 
named  E  F,  his  executors,  administrators  or  assigns,  the 
full  sum  of  &c.  like  money  as  aioresam  Will]  Irgui  inter- 
est for  the  same,  on  or  before  the  day  of        ■  next 

ensuing  the  date  hereof :  Then  this  obligation  to  the  void, 
or  otherwise  to  be  and  remain  in  full  force  and  virtue. 

Scaled  and  delivered  in  presence  of 

A  Bond  with  a  Condition  from  two  to  one. 

KNOW  all  men  by  these  presents,  that  we,  C  D  and 
E  F  of,  &c.  are  held  and  firmly  bound  to  G  II  of, 
fecc.  in  the  sum  of  $300  of  money  of  the  United  States,  to 
be  paid  to  the  said  G  H,  his  executors,  administrators,  or 
assigns  ;  to  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves,  jointly  aud  severally,  and  our,  and  each  of 
our  heirs,  executors  and  administrators,  firmly  by  these 
presents  :  Sealed  with  our  seals,  dated,  &c. 

The  Condition  of  this  obligation  is  such,  that  if  the  above 
bound  C  D  andE  F,  or  either  of  them,  their,  or  either  of 
their  heirs,  executors  or  administrators,  do  well  and  truly 


70 


BILLS  AND  BONDS. 


pay,  or  cause  to  be  paid,  to  the  said  G  H,  his  executors, 
administrators  or  assigns,  the  full  sum  of  one  hundred 
and  fifty  dollars,  like  money  as  aforesaid,  with  legal  in- 
terest for  the  same,  on  or  before  the,  &c.  Then  &c.oth* 
envise,  &c. 


JL  Condition  for  payment  of  an  annual  Sum 
to  one  person  during  life. 

THE  condition  of  this  obligation  is  such,  That  if  the 
above  bound  A  B,  his  heirs,  executors  or  adminis- 
trators, do  and  shall  yearly  and  every  year,  during  the 
life  of  the  above  named  C  D  well  and  truly  pay  or  cause 
to  be  paid  to  the  said  C  D  one  annual  or  yearly  sum  of, 
<fcc.  at  or  upon  the  first  days  of  January,  April,  July  and 
October,  by  even  and  equal  portions  ;  the  first  payment 

thereof  to  begin  and  be  made  on  the  first  day  of  ■  next 

ensuing  the  date  of  the  above  written  bond  or  obligation : 
Then  &c.  otherwise  &c. 

A  Condition  for  the  payment  of  money  at  sen. 
eral  days. 

THE  condition  of  this  obligation  is  such,  That  if  the 
above  bound  P  Q,  his  heirs,  executors  or  adminis- 
trators, do  and  shall  well  and  truly  pay,  or  cause  to  be 
paid  to  the  said  R  S,  his  executors,  administrators  or  as- 
signs, the  full  sum  of,  <&:c.  of  lawful  money  aforesaid  in 
manner  following,  that  is  to  say,  the  sum  of,  &c.  part  there- 
of, on  or  before,  <£c.  next  ensuing  the  date  above  written  : 
the  sum  of  &c.  more  thereof  on  or  before  &c.  then  next 
following;  and  the  further  sum  of  &c.  residue  and  in  full 
payment  thereof,  on  or  before,  &c.  without  fraud  or  covin  : 
Then  this  obligation  to  be  void.  But  if  default  shall  be 
made  of  or  in  payment  of  any  of  the  said  sums  of  money 
or  any  part  thereof,  on  any  of  the  said  days  and  times  a- 
bove  limited  for  payment  of  the  same  ;  then  this  oblige 
tion  to  be  and  remain  in  full  force  and  virtue. 


I 


BILLS  AND  BONDS. 


n 


A  Condition  for  payment  of  money  quarterly. 

f*|  *  H  h  condition  of  this  o h  !ig  ition  is  such,  that  if  the 
J|  above  bodnd  A  B  and  0  D  or  either  of  them,  their 
or  either  of  their  heirs,  executors  or  administrators,  do 
and  shall  well  and  truly  pay.  or  cause  to  be  paid  to  the 
above  named  E  F,  his  executors,  administrators  or  as- 
signs, the  full  sum  of,  &c.  lawful  money  aforesaid,  in 
manner  following,  that  is  to  say,  the  sum  of  twenty  dol- 
lars, part  thereof,  on  the  twenty  fifth  day  of  December 
next  ensuing  the  date  above  written  :  the  sum  of  twenty 
dollars  more  thereof,  on  the  twenty-fifth  day  of  March 

-which  shall  be  in  the  year  &c.  the  sum  of  twenty 

dollars,  more  thereof  on  the  twenty  fifth  of  June  next  en- 
suing, and  the  sum  of  twenty  dollars  more  thereof  on  the 
twenty  fifth  day  of  September  then  next  following  ;  and 
^0  quarterly,  and  every  quarter  of  a  year,  one  next  and 
immediately  ensuing  another,  on  every  of  the  quarter 
days  aforesaid,  the  sum  of  twenty  dollars,  until  the  said 
sum  of  two  hundred  dollars  shall  lie  in  such  manner  fully 
satisfied,  contented  and  paid;  then  this  obligation  to  be 
void  :  But  if  default  shall  be  made  in  payment  of  the  said 
sum  of  two  hundred  dollars,  or  any  part  Hereof,  in  man- 
ner aforesaid,  then  this  obligation  to  remain  in  full  force. 

Bond  in  Judgment. 

A  bond  in  judgment  authorises  the  entry  of  a  judgment 
"without  arrest  or  notice.  It  is  nothing  more  than  an  or- 
dinary bond  with  a  power  to  an  attorney  to  confess  judg- 
ment thereon.  In  this  state  the  power  must  be  separate 
from  the  bond  and  may  be  in  this  form. 

To  any  attorney  of  any  Court  of  Record  in  the  State  of 
New  York  or  elsewhere. 

You  are  hereby  authorised  to  appear  forme  A  B  in  any 
such  court  at  the  suit  of  C  D  as  of  any  term  past  or  here- 
after to  arrive,  and  to  receive  a  declaration  for  me  in  such 
suit  in  an  action  of  debt  on  bond  bearing  date  &c.  for  (the 
penalty)  or  for  so  much  money  borrowed,  to  file  common 
bail  for  me  in  such  action,  and  thereuponin  term  or  vaca- 
tion to  suffer  judgment  to  pass  against  me  in  such  action  by 
confession  nil  dicit  ornon  sum  informatus,  and  to  release 
all  errors  of  such  judgment.  Witness  my  hand  and  seal 
thie  day  of  1813. 


n 


BILLS  AND  BONDS. 


SPECIAL  CONDITIONS  OF  BONDS. 

Condition  of  a  bond  of  indemnity  to  one  bound 
for  the  obligor  in  a  bond  for  payment  of  money. 

"^"VTHERE  AS  the  above-named  A  B  at  the  special  in- 
T  T    stance  and  request  of  the  above  bounden  C  D  to- 
gether with  him  the  said  C  D  is,  in  and  by  one  obligation 
bearing  even  date  with  the  above  written  obligation,  held 

and  firmly  hound  unto  E  F  of          in  the  penal  sum  of 

 conditioned  for  the  payment  of  with  interest 

for  the  same,  on  the  day  of   next  ensuing  the 

date  of  the  said  recited  obligation,  as  in  and  by  the  said 
recited  obligation,  and  condition  thereunder  written  may 
more  fully  appear :  Now  the  condition  of  this  obligation 
is  such,  that  if  the  said  C  D,  his  heirs,  executors  or  ad- 
ministrators, do  and  shall  well  and  truly  pay,  or  cause  to  be 
paid  unto  the  said  E  F,  his  heirs,  executors,  administrators 

or  assigns,   the  said  sum  of  ,  with  interest  on  the 

 day  of  next  ensuing  the  date  of  the  said  recit- 
ed obligation,  according  to  the  true  intent  and  meaning 
thereof,  and  in  full  discharge  and  satisfaction  of  the  said 
recited  obligation  ;  and  if  he  the  said  C  D,  his  heirs,  ex- 
ecutors, or  administrators,  shall  also  from  time  to  time, 
and  at  all  times  hereafter,  save  harmless  and  indemnify  him 
the  said  E  F,  his  heirs,  executors,  and  administrators,  and 
his  and  their  lands  and  tenements,  goods  and  chattels,  of 
and  from  all  damages,  sums  of  money,  and  costs  and  char- 
ges which  he,  they,  or  any  of  them  shall  or  may  at  any  time 
hereafter  be  put  unto  by  reason  of  the  said  A  B's  being 
bound  with  the  said  C  D  for  the  payment  of  the  sum  of 
money  and  interest  aforesaid  :  then,  &c.  or  else,  &c. 


*!  Counter  Bond,  where  one  is  Bail  for  anoth- 
er on  a  Bail  Bond. 

"Vl,^  HERE  AS  the  above  named  C  D  at  the  special  in- 
▼  ▼  stance  and  request  of  the  above  bound  A  B  to- 
gether with  the  said  A  R  and  E  F  of,  fcc.  is  bound  to  G  H 
sheriff  of  the  county  of,  &c.  in  the  penal  sum  of,  &c.  con- 
ditioned for  the  appearance  of  the  said  A  B  before  the 


BILLS  AND  BONDS. 


justices  at  —  on  the  day  of,  &c.  next  to  answer 

N  O  in  a  plea  of,  &c.  [as  expressed  in  the  bail  bond.]  As 
by  the  said  in  part  recited  bond  or  obligation  and  condition 
thereunder  written  may  more  fully  appear :  Nojv  the 
condition  of  this  obligation  is  such,  that  if  the  above  bound 
A  B  do  and  shall  appear  according  to  the  condition  of  the 
said  bond  or  obligation,  and  as  the  law  in  such  case  re- 
quires :  and  if  the  said  A  B,  his  heirs,  executors  and  ad- 
ministrators, shall  also  from  time  to  time,  and  at  all  times 
hereafter,  save  harmless  and  indemnify  him  the  said  C  D 
his  executors  and  administrators,  and  his  and  their  goods 
and  chattels,  lands  and  tenements,  of  and  from  all  dama- 
ges, sum  and  sums  of  money,  costs  and  charges  whatso- 
ever, which  he,  they,  or  any  of  them,  shall  or  may  at  any 
time  or  times  hereafter  sustain,  or  be  put  unto  by  reason 
or  means  of  the  said  C  D's  being  bound  for  the  appear- 
ance of  the  said  A  B  as  aforesaid.  Then,  Sec.  Or  other- 
wise, &c. 

Condition  to  make  and  deliver  Conveyances. 

THE  condition  of  this  obligation  is  such,  that  if  the  a- 
bovebounden  AB  do  and  shall,  upon  and  atthe  re- 
quest of  the  said  C  D,  his  heirs  or  assigns,  on  or  before 

the  next  ensuing  the  date  abov  e  written,  convey  and 

assure,  or  cause  to  be  we! I  and  srufficient'y  conveyed  and 
assured,  unto  the  said  C  1),  his  heirs  and  assigns,  or  to 
such  other  person  or  persons  and  his  or  their  heirs,  as  the 
said  C  D  shall  nominate  and  appoint,  and  to  such  uses  as 
he  shall  direct,  one  messuage  or  tenement,  &c.  situate 

 now  in  the  possession  of    by  such  conveyances 

and  assurances  in  the  law,  as  by  the  said  C  D,  his  heirs 
and  assigns,  or  his  or  their  counsel  learned  in  the  law, 
shall  be  reasonably  devised  or  advised  and  required,  freed 
and  discharged  of  and  from  all  incumbrancts  whatsoever, 
except  &c.  And  also  if  the  said  A  B,  his,  &c.  or  either 
of  them  do  and  shall,  until  such  conveyance  and  assurance 
be  made  and  executed  as  aforesaid,  permit  and  suffer  the 
said  C  D,  his  hairs  and  assigns  peaceably  and  quietly  to 
have,  receive  and  take  to  his  or  their  own  proper  use  and 
uses,  the  rent's,  issues  and  profits  of  all  and  singular  the 
premises,  and  of  every  part  and  parcel  thereof,  without  a- 
ny  manner  of  let,  suit,  trouble,  disturbance,  hindrance  and 

G 


74 


BILLS  AND  BONDS. 


denial  of  the  said  A  B,  his,  &c,  or  any  of  them,  or  of 
any  other  person  or  persons  whatsoever,  by  his  or  their 
or  any  of  their  means,  right,  title  or  procurement :  then, 
cfrc.  or  else,  &c. 

To  execute  an  Assignment 

■  as  in  the  last  to  the  words  date  above  written) 
seal  and  execute  a  good  and  sufficient  assignment  in  the 
law,  of  all  such  estate  and  interest,  as  he  the  said  E  M  now 
hath  in  the  lands  and  tenements  of- —  in  —  unto  the 
above  named  G  D,  his  heirs  or  assigns,  or  to  such  other 
person  or  persons  as  the  said  C  D  shall  nominate  and  ap- 
point, and  to  such  uses  as  he  shall  direct ;  then,  &c.  or 
else,  &c. 

To  seal  and  deliver  the  counterpart  of  a  deed* 

—  Seal  and  subscribe  the  counterpart  of  one  deed  in- 
dented, bearing  date  the   made  between  the  above- 
named  C  D  of  the  one  part,  and  the  said  A  B  of  the  oth- 
er, and  the  same  so  sealed  and  subscribed,  do  in  the  pres- 
ence of  two  or  more  credible  w  itnesses,  deliver  as  his 
proper  act  and  deed,  to  the  only  use  and  behoof  of  the  said 
C  D  then,  &c.  or  else,  &c. 

A  Condition  for  the  letting  of  Cows. 

f  p  HE  condition  of  tins  obligation  is  such,  that  whereas 
the  above  named  A  B  bath  let  to  the  above  bound 
C  D  milch  cows  for  the  term  of  years  next  en- 
suing the  date  hereof,  if  the  said  C  D,  his  heirs,  execu- 
tors and  administrators,  do  well  and  truly  pay  or  cause 
to  be  paid  to  the  said  A  B,  his  executors,  administrators 

or  assigns,  %  -yearly  and  every  year  daring  the  said 

term  for  the  rent  of  the  said  cows,  and  also  at  the  end  of 
the  said  term,  do  deliver  or  pay  or  cause  to  be  delivered 
or  paid  unto  the  said  A  B,  his  executors,  administrators 

or  assigns   good  and  able  miLch  cows  or  the  sum  of 

tor  and  in  consideration  of  the  said  cows  so  demised 
at  the  election  of  the  said  A  B,  his  executors,  adminis- 
trators or  assigns,  that  then,  &c. 


BILLS  AND  BONDS. 


7i> 


A  condition  to  keep  a  person  during  life. 

THE  condition  of  this  obligation  is  such,  that  Where- 
as the  above  bounden  A  B  for  and  in  considera- 
tion of  a  competent  sum  of  money  to  him  in  hand  paid  by 
the  above  named  C  D  hath  agreed  and  undertaken  to 
keep  and  maintain  the  said  C  D  during  his  life :  if  there- 
fore the  said  A  B,  his  executors  or  administrators,  do  and 
shall,  from  time  to  time,  and  at  all  times  hereafter,  dur- 
ing the  natural  life  of  the  said  C  D,  well  and  sufficiently 
maintain  and  keep,  or  cause  to  be  well  and  sufficiently 
maintained  and  kept,  f  he  said  C  D  in  the  house  of  him 
the  said  A  B  with  meat,  drink,  clothes,  and  all  other 
things  necessary  and  convenient ;  then,  &c.  or  else,  <lc* 

Condition  of  a  Bond  to  procure  an  Heir  at 
Law,  to  convey  when  of  age,  and  for  quiet 
enjoyment,  8fc. 

WHEREAS  the  above  bound  I  K  by  indenture  Of 
bargain  and  sale  [or  as  the  case  may  be]  bearing  even 
date  herewith,  and  made  between  her  the  said  I  K  by  the 
name  of  &c.  w  idow  and  relict  of  R  K  late  of  &c.  her  late 
husband,  deceased,  ol  the  one  part,  and  the  above  named 
R  Hby  the  name  of  RH  &c.of  the  other  part,  for  the  consid- 
eration therein  mentioned,  hath  granted  &c.  unto  the  said 
R  H  &e.  all  that  &e.  to  hold  the  same  premises  unto, 
and  to  the  use  of  the  said  R  H,  his  heirs  and  assigns  forev- 
er: Now  the  condition  of  the  above  obligation  is  such, 
that  if  E  K,  the  only  child  of  R  K  [or  heir  at  law,  &c.  as  the 

case  may  be]  being  now  an  infant  of  the  age  of  years  or 

thereabouts,  at  any  time  or  times  after  she  the  said  E  K 
shall  have  attained  the  age  of  twenty  one  years,  if  then 
sole  and  unmarried,  and  if  then  married,  the  said  E  K  and 
her  husband  do  and  shall,  at  the  request,  costs  and  charg- 
es of  the  said  R  H,  his  heirs  or  assigns,  duly  execute  all 
and  every  further  conveyances  and  assurances,  or  do,  com- 
mit and  suffer  any,  and  every  act,  deed,  matter  or  thing  ne- 
cessary for  the  full,  complete  and  absolute  conveyance, 
confir  nation  and  assurance  of  the  said  messuages,  Sec.  he- 
reditaments and  premises,  &c.  and  every  part  thereof  tin- 


76 


BILLS  AND  BONDS. 


to  and  to  the  use  of  the  said  R  H,  his  heirs  and  assigns, 
discharged  of  all  prior  grants,  charges  and  incumbrances 
by  the  said  E  K,  or  her  said  husband,  done,  committed  or 
suffered ;  and  if  the  said  R  H,  his  heirs  and  assigns,  shall 
and  may  at  all  times  hereafter,  peaceably  and  quietly  have, 
hold,  and  enjoy  all  and  singular  the  said  hereditaments  and 
premises,  and  receive  and  take  the  rents,  issues  and  pro- 
fits thereof,  to  his  and  their  own  use,  without  any  let,  suit, 
interruption,  claim  or  demand  of  the  said  E  K,  or  any  is- 
sue of  her  body,  or  any  other  person  or  persons  having  or 
lawfully  claiming  any  estate,  right,  title  or  interest  of,  in 
or  to  the  said  hereditaments  and  premises,  or  any  part 
thereof,  by,  from  or  under  her  the  same  E  K,  or  any  of  the 
issue  of  her  body  $  Then,  c£c. 

A  condition  to  marry  a  certain  person,  or  pay 
a  Sum  of  Money. 

rr*HE  condition  of  this  obligation  is  such,  that  if  the 

above  bounden  A  B  do  on  or  before  the  day  of 

 next  ensuing  the  date  of  the  above  written  bond  or 

obligation,  espouse  and  law  fully  marry  C  I),  daughter  of 
&c.  if  she  the  said  C  D  will  thereunto  consent,  and  the 
lawsof  this  state  permit  the  said  marriage  to  i.e  consum- 
mated :  Or,  if  it  shall  happen  the  said  A  B  shall  not  mar- 
ry and  take  to  wife  the  said  C  D  as  aforesaid  then  the 
said  A  B  shall  well  and  truly  pay  or  cause  to  i.e 
paid  to  the  said    C   D,  her  executors,  administrators 

and  assigns,  the  full  sum  of,  &e.  of  lawful  money  of  

on  or  before  the  day  of  &c.  next  ensuing  the  said  

 day  of  &c.  above  mentioned,  Then,  d>c.  or  other- 
wise, &c. 


A  condition  of  a  bond  for  Performance  of  Co- 
venants. 

THE  condition  of  this  obligation  is  such,  that  if  the 
above  bound  A  B,  his  heirs,  executors  and  adminis- 
trators, do  and  shall  in  all  things  well  and  truly  observe. 


BILLS  AND  BONDS. 


perform,  fulfil,  accomplish,  pay  and  keep  all  and  singular 
the  covenants,  grants,  articles,  clauses,  provisions,  pay- 
ments, conditions  and  agreements  whatsoever,  which  on 
the  part  and  behalf  of  the  said  A  B,  his  heirs,  executors, 
and  administrators,  are  or  ought  to  be  observed,  perform- 
ed, fulfilled,  accomplished,  paid  and  kept,  comprised  or 
mentioned  in  certain  indentures  of,  &c.  bearing  even  date 
with  the  bond  or  obligation  above  written,  and  made  or 
mentioned  to  be  made  between  the  said  A  B  of  tl  e  one 
part,  and  the  above  named  C  D  of  the  other  part,  accord- 
ing to  the  purport,  true  intent  and  meaning  of  the  same 
Then,  &c. 

Bond  to  indemnify  the  town  in  case  of  bastardy, 

1a  NOW  all  men  by  these  presents,  that  we  A  ii  and  C 
_|\.  D  of  «S:c.  are  held  and  firmly  bound  unto  F  F  and 

G  H  overseers  of  the  poor,  for  the  town  of  in  the 

county  of  (in  trust  for  the  inhabitants  of  ihe  said 

town)  in  the  sum  of  to  e  paid  to  the  said  E  F  and  G 

H  or  to  their  execulors,  a  imiiiistrators  or  assigns.  To 
which  payment  to  be  well  and  truly  made  we  bind  our- 
sleves  and  each  of  us  jointly  and  severally  and  our  «:nd 
each  of  our  heirs,  executors  and  administrators  firmly  by 
these  presents.    Sealed  with  our  seals,  and  dated,  &ic. 

The  condition  of  this  obligation  is  such,  that  whereas 
I  K  of  —  single  woman,  hath  by  her  voluntary  examin- 
ation taken  in  writing  and  on  oath  before  L  M  one  of  the 
justices  of  the  peace  in  and  for  the  said  county  of  de- 
clared herself  to  be  with  child  and  that  such  child  is  likely 
to  be  born  a  bastard,  and  to  he  chargeable  to  the  said  town 

of  and  that  the  above  bounden  A  B  is  the  father  of 

thp  said  child,  (if  il  j.s  after  ihe  birth  then  say,  that  whereas 

I K  of          in  her  examination  taken  in  writing  upon 

oa<h  before  L  M  one  of  the  justices  of  the  peace  in  and  for 

the  said  county  of  —  hath  declared  that  on  the  day 

of          now  last  past,  she  the  said  L  M  was  delivered  of 

a  (male)  bastard  child,  and  that  the  said  bastard  child  is 

likely  to  become  chargeable  to   the  said  town    and 

that  the  above  bounden  A  B  is  the  father  of  the  said  child.) 
tf  therefore  the  said  A.  B  and  C  D  or  either  of  -Iiem, 
their  foeirs,  executors  or  administrators,  do  ami  shall 
G  2 


BILLS  AND  BONDS. 


from  time  to  time  and  at  all  times  hereafter,  fully  and 
clearly  indemnify  and  save  harmless*  as  well  the  above 

named  overseers  of  the  poor  of  the  said  town  of  and 

their  successors  for  the  time  being,  as  the  said  town  and 
also  the  inhabitants  thereof,  which  now  areorhereaftershall 
be  for  the  time  being,  of  and  from  all  manner  of  costs, 
taxes,  rates,  assessments  and  charges  whatsoever  for  or 
by  reason  of  the  birth,  education  and  maintenance  of  the 
said  bastard,  and  of  and  from  all  actions,  suits,  troubles 
and  other  charges  and  demands  touching  or  concerning 
the  same,  then  this  present  obligation  to  be  void,  other 
wise  of  force. 

Bond  to  the  Sheriff  for  the  limits. 

KNOW  all  men  by  these  presents,  that  we  A  B  and  C  D 
of,  &c.  are  held  and  firmly  bound  unto  E  F,  Sheriff  oi 

the  county  of  in  the  sum  of          to  be  paid  to  the 

said  E  F,  his  executors,  administrators  or  assigns,  and 
for  the  same  payment  to  be  well  and  truly  made,  we  bind 
©urselvesjoi»tIy  and  severally  and  our  and  each  of  our 
heirs,  executors  and  administrators,  firmly  by  these  pres 
cnts.    Sealed  with  our  seals,  and  dated,  &c. 

The  condition  of  this  obligation  is  such,  That  if  the 
above  bounden  A  B  who  is  now  in  the  custody  of  the  said 
3E  F  sheriff  as  aforesaid,  by  virtue  of  a  writ  of  capias  ad 
respondendum  to  the  said  Sheriff  directed,  issued  out  of 
the  Supreme  court  at  the  suit  of  one  G  H,  of  a  plea  as  is 
therein  mentioned,  shall  remain  a  true  and  faithful  pris 
oner,  and  shall  not  at  any  time  or  in  any  wise  escape  or 
go  without  the  limits  of  the  liberties  of  the  gaol  of  the 
said  county,  as  the  same  now  are  or  may  beat  any  time 
hereafter  fixed,  until  discharged  by  due  course  of  law, 
then  this  obligation  to  be  void  otherwise  to  remain  of 
force. 

{If  the  party  is  in  execution  say,  if&c.  who,  &c.  by 
virtue  of  a  writ  of  capias  ad  satisfaciendum  to  the  said 
Sheritfdirected,  issued  out  of  the  supreme  court  at  the  suit 
of  one  G  H  to  satisfy  the  said  G  H  as  is  therein  mentioned 
shall,  &c.  If  on  a  surrender  say — if,  &c.  who,  &c  by  vir- 
tue of  a  surrender  in  discharge  cf  his  bail  in  an  action  here- 
tofore commenced  against  him  the  said  A  B  by  one  C  D 
.in  the  Supreme  Court  shall,  &c) 


BILLS  OF  SALE. 


Bail  Bond. 

Obligatory  part  as  to  the  preceding  Bend. 

THE  Condition  of  this  obligation  is  such,  That  if  the 
above  bounden  A  B  do  appear  before  the  Justices 

of  the  Supreme  Court  at  on  to  answer  Mkto  ( ' 

D  of  a  plea  of  trespass,  and  also  ton  hi!!,  &c-  (.ctoinths 
writ)  then  this  obligation  to  be  void,  otherwise  to  be  hi 
force. 


BILLS  OF  SALE. 


PRACTICAL  REMARKS. 

A  Bill  of  Sale  is  a  contract  under  seal  which  passes  sm 
interest  in  goods  and  chattels. 

A  promise  to  give  chattels  without  consideration  and 
without  delivery,  does  not  alter  the  property;  But  a  bill 
of  sale  properly  executed  will. 

A  bill  of  sale  is  at  all  times  good  as  between  the  parties  ; 
but  if  intended  as  a  fraud  on  third  persons,  it  w  ill  as  to 
rhem  be  void. 


A  Bill  of  Sale  of  Goods. 

KNOW  all  men  hy  these  presents,  that  I,  B  F,  of  
for  and  in  consideration  of  the  sum  of  tome 

in  hand  paid  by  C  D  of  at  or  before  the  sealing  and 

delivery  of  these  presents,  the  receipt  whereof  I  do  here- 
by acknowledge,  have  granted,  bargained  and  sold,  and  by 
these  presents,  do  grant,  bargain  and  sell,  unto  the  said 
C  I),  his  executors,  administrators  and  assigns,  all  the 
goods,  household  slutf,  implements  and  furniture,  and  all 
other  goods  and  chattels  whatsover>  mentioned  and  ex- 
pressed in  the  schedule  hereunto  annexed.  [Or  thus. 
herein  after  particularly  mentioned,  that  is  to  say,  one 

bedstead,  <fcc]  now  remaining  and  being  .    To  have 

and  to  hold  all  and  singular  the  said  goods,  household  stuff 
and  furniture,  and  other  the  premises  above  bargained 


m 


BILLS  OF  SALE. 


and  8old,  or  mentioned  or  intended  so  to  be,  to  the  said' 
C  I),  his  executors,  administrators  and  assigns  for  ever. 
And  I  the  said  B  F,  for  myself,  my  heirs,  executors  and 
administrators,  all  and  singular  the  said  goods  8cc.  uuto; 
the  said  C  D,  his  executors,  administrators,  and  assigns, 
against  me  the  safdB  F,  my  executors  and  administrators, 
and  against  all  and  every  other  person  and  persons  w  hom- 
soever, shall  and  will  warrant  and  forever  defend  by  these 
presents.  Of  all  and  singular  which  said  goods  &c.  I 
the  said  B  F  have  put  the  said  C  D  in  full  possession,  by 
delivering  to  him  the  said  CD  one  silver  spoon,  at  the 
sealing  and  delivery  of  these  presents,  in  the  name  of  the 
whole  premises  hereby  bargained  and  sold,  or  mentioned 
or  intended  so  to  be,,  unto  him  the  said  C  D  as  aforesaid. 
In  witness  Sec. 


TO  all  to  whom  these  presents,  shall  come,  I,  A  B 
of  &c.  send  Greeting .  Know  ye  that  I  the 
said  A  B  for  and  in  consideration,  Sec.  (as  before,  to  the 
words)  and  forever  defend,  by  these  presents  :  Provided 
always  and  it  is  hereby  agreed  between  the  said  parties 
to  these  presents,  that  if  I  the  said  A  B,  my  executors, 
&c.  or  any  of  us,  do  and  shall  well  and  truly  pay  or  cause 
to  be  paid  unto  the  said  C  D,  or  to  his  executors,  Sec.  the 
sum  of,  &c.  on,  &c.  according  to  the  condition  of  a  cer- 
tain bond  bearing  even  date  herewith,  given  by  me  the 
said  A  B  to  the  said  C  D,  then  these  presents,  and  every 
thing  herein  contained-  shall  cease  and  be  void.  And  I 
the  said  A  B,  for  myself,  my  executors,  administrators 
and  assigns,  do  agree  with  the  said  C  D,  his  executors, 
administrators  and  assigns;  that  in  case  default  shall  be 
made  in  payment  of  the  said  sum  of  \t  the  time  !im« 
ited  for  payment  thereof,  it  shall  and  may  be  lawful  for 
the  said  C  D,  his  executors,  administrators  and  assigns, 
with  any  oerson  or  persons,  as  he  or  they  shall  think  fit 
toe  iter  and  come  into  and  upon  the  dwelling  house  and 
pre  nises  of  the  said  A  B  wherein  the  said  goods  and 
chattels  are,  or  may  be  held  or  placed, and  then  to  fetch- 


Goods  conditional  in  nature  of 


BILLS  OF  SALE. 


SI 


and  carry  away  the  said  goods  and  chattels,  and  to  sell 
and  dispose  of  the  same,  for  the  best  price  which  they  can 
obtain,  and  out  of  the  money  to  arise  by  such  sale  tiiereof, 
to  pay  and  retain  to  him  and  themselves,  the  said  sum  of 
 and  all  charges  touching  the  same  ;  he  and  they  ren- 
dering (o  me  the  said  A  B,  my  executors,  &c.  the  over- 
plus monies  (if  any  such  shall  be)  any  thing  herein  to  the 
contrary  notwithstanding ;  asd  until  default  be  made  in 
the  payment  of  the  aforesaid  sum  of  money,  at  the  time 
fixed  for  payment  thereof,  i  the  said  A  B,  my,  &c.  am  to 
remain  and  continue  in  quiet  and  peaceable  possession  of 
the  aforesaid  goods  and  chattels,  and  the  full  and  free  en- 
joyment of  the  same.    In  witness,  &c. 

Bill  of  sale  of  goods  and  stock  in  consideration 
of  Maintenance,  $*c. 

THIS  indenture  made,  &c.  Between  AB  of,  £c.  of 
the  one  part,  and  C  D  of  «fcc.of  the  other  part,  Wit- 
ncsscth,  that  the  said  A  B  in  consideration  of  the  covenants 
hereinafter  mentioned  on  the  part  of  him  the  said  C  D 
to  be  performed,  and  for  the  further  consideration  of  one 
dollar  to  him  in  hand  paid  by  the  said  CD  and  for  divers 
other  good  causes  and  considerations,  him  thereunto  mov- 
ing, he  the  said  A  B  hath  granted,  bargainedand  sold,  and 
by  those  presents  doth  grant,  bargain  and  sell  unto  the 
said  C  D  his  executors,  administrators  ami  assigns,  all 
liis  six  horses,  two  mares  and  one  colt,  his  four  rows,  his 
wagaon,  all  his  coi  n  and  hay,  and  all  and  singular  his  bed- 
ding, linens,  brass,  pewter  and  other  household  goods,  and 
all  other  his  goods  and  chattels  whatsoever  upon  his  farm 
in  A  aforesaid,  and  which,  together  with  the  said  farm  were 
this  day  pat  into  (he  hands  and  possession  of  the  said  C  I) 
to  have  and  to  itold  all  and  singular  the  said  cattle, 
goods,  chattels  and  premises  hereby  granted  unto  the  said 
C  I),  his  executors,  administrators  and  assigns  forever,  to 
his  and  their  only  proper  use  and  behoof :  And  the  said 
C  D  in  consideration  of  the  premises,  Doth  hereby  for 
himseif,  Ids  heirs,  &c.  covenant  and  agree  with  the  said 
A  B  his  executors  and  administrators  in  manner  follow- 
ing, viz.  that  he  the  said  C  D,  his  executors,  Arc.  shall 
and  will  at  his  and  their  costs  ond  charges  maintain  are* 


32 


BILLS  OF  SALE. 


keep  the  said  A  B  during  his  life,  with  good  and  sufficient 
meat,  drink,  washing  and  lodging,  at  his  the  said  C  DV 
own  dwelling  house,  if  the  said  A  B  shall  think  fit  to  live 
with  him,  and  if  the  said  A  B  shall  be  minded  to  live 
with  any  other  person,  that  then,  and  in  such  case,  he  the 
said  C  D,  his  executors,  &c.  shall  and  will  pay  to  the 
said  A  B  yearly,  for  or  account  of  his  maintenance  at 

such  other  place,  the  sum  of  dollars  ;  and  after  that 

rate  for  any  greater  or  lesser  time  than  a  year,  that  the 
said  A  B  shall  be  minded  to  dwell  with  any  other  person 
than  the  said  C  D ;  and  also  that  the  said  C  D,  his  execu- 
tors, &c.  shall  pay  and  allow  unto  the  said  A  B  yearly,  and 
every  year  during  his  natural  life  the  sum  of  — — a  year 
for  spending  money  ;  the  same  to  be  paid  to  the  said  A  B 
at  four  equal  quarterly  payments,  to  be  computed  from 
this  day.    In  witness,  &c. 

Bill  of  Sale  of  an  enrolled  or  registered  vesseL 

TO  all  to  whom  these  presents  shall  come,  Greeting  ; 
kow  ye,  That  1,  A  B  of,  &c.  owner  of  the  sloop  or 
vessel,  called  the  Frances  of  the  burthen  of  100  tons,  or 

thereabouts,  for  and  in  consideration  of  the  sum  of   |- 

lawful  money  of  the  United  States  of  America,  to  me  in 
hand  paid  before  the  sealing  and  delivery  of  these  presents, 
by  C  D  of,  Sec.  The  receipt  whereof  I  do  hereby  acknow-  j 
ledge,  and  myself  therewith  fully  satisfied,  contented  and 
paid  ;  have  bargained  and  sold,  and  by  these  presents  do 
bargain  and  sell,' unto  the  said  C  D,  his  executors,  admin-  I 
istrators  and  assigns,  the  said  sloop  or  vessel ;  together 
with  the  mast,  bowsprit,  sails,  boat,  anchors,  cables,  and 
all  other  necessaries  thereunto  appertaining  and  belong- 
ing ;  the  certificate  of  the  enrolment  (or  registry)  of  which 
said  sloop  or  vessel,  is  as  follows  ;  [here  i?iscrt  at  length 
the  enrolment  or  registry.']  to  have  and  to  hold  the 
said  stoop  or  vessel  and  appertenances  thereunto  belong- 
ing, unto  him  the  said  C  D,  his  executors,  administrators 
and  assigns,  to  their  sole  and  only  proper  use,  benefit  and  i 
behoof  forever. — and  I  the  said  A  B  have  and  by  these 
presents  do  promise,  covenant  and  agree,  for  myself,  my 
heirs,  executors  and  administrators,  to  and  with  the  said 
C  D,  his  heirs,  executors  and  administrators,  to  warrant 


BILLS  OF  SALE. 


83 


and  defend  the  said  sloop  or  vtssel  and  all  the  other  before 
mentioned  appertenances,  against  all  and  every  person  and 
persons  whomsoever.  In  testimony  whereof  I  the  said  A 
B  have  hereunto  set  my  hand  and  seal  this,  &c. 


A  Bill  of  Sale  of  part  of  a  Ship,  by  Indenture. 

THIS  Indenture  made  the  day  of  in  the  year 
 between  B  F  of  of  the  one  part,  and  C  D 

of  of  the  other  part,  witnesseth,  That  the  said  B  F 

for  and  in  consideration  of  the  sum  of  ■  to  him  the  said 
B  F  in  hand  well  and  truly  paid,  at  or  before  the  sealing 
and  delivery  of  these  presents,  the  receipt  whereof  the 
said  B  F  doth  hereby  aknowledge,  hath  granted,  bargain- 
ed and  sold,  and  by  these  presents,  doth  grant,  bargain 
and  sell  unto  the  said  C  D.  his  executors,  administrators 
and  assigns,  one  fourth  part,  the  whole  into  four  parts 
equally  to  be  divided,  of  all  that  ship  or  vessel,  called 
■  of  the  burthen  of  together  with  one  full  fourth 
part,  the  whole  to  be  divided  as  aforesaid,  of  all  the 
masts,  sails,  sail-yards,  anchors,  cables,  ropes,  cords,  boats, 
oars,  guns,  gunpowder,  shot,  tackle,  apparel,  ammuni- 
tion and  furniture  to  the  said  ship  belonging,  or  in  any 
wise  appertaining  :  To  have  a?id  to  hold  the  said  fourth 
part  of  the  said  ship  or  vessel,  and  other  ihe  premises 
hereby  granted,  bargained  and  sold,  or  mentioned  or  in- 
tended so  to  be,  unto  the  said  C  D,  his  executors,  ad- 
ministrators and  assigns  forever,  as  his  and  their  own 
proper  goods,  and  to  and  for  his  and  their  own  proper 
use  and  uses  forever.  And  the  said  B  F  doth  hereby,  for 
himself,  his  heirs,  executors  and  administrators,  cove- 
nant, promise,  grant  and  agree  to  and  with  the  said  C  D, 
his  executors,  administrators  and  assigns,  that  the  said 
B  F  at  the  time  of  the  sealing  and  delivery  of  these 
presents  is  the  true  and  lawful  owner  and  proprietor  of 
the  said  fourth  part  of  the  said  ship  or  vessel,  and  premi- 
ses hereby  granted,  bargained  and  sold,  or  mentioned  or 
intended  so  to  be,  unto  the  said  C  D,  his  executors,  ad- 
ministrators and  assigns,  as  aforesaid  :  And  that  he  the 
said  B  F  at  the  time  of  the  sealing  and  delivery  hereof, 
hath  in  himself  full  power  and  good  authority  in  law,  to 
grant,  bargain  and  sell  the  said  fourth  part  of  the  said  ship 
ot  vessej  and  premises  aboye  bargained  and  sold,  or  men- 


8-1 


BILLS  OF  SALE. 


tioned  or  intended  so  to  be,  unto  the  said  C  D>  bis  execu- 
tors, administrators  and  assigns,  in  manner  aforesaid  : 
And  also  tbat  it  shall  and  may  be  lawful  to  and  for  the  said 
C  D,  his  executors,  administrators  and  assigns,  from  time 
to  time,  and  at  all  times  hereafter,  quietly  and  peaceably 
to  have,  hold,  possess  and  enjoy  the  said  fourth  part  of  the 
said  ship,  and  all  other  the  premises  hereby  granted,  or 
mentioned  or  intended  so  to  be,  without  the  let,  trouble, 
denial,  molestation,  hindrance  or  disturbance  whatsoever, 
of  him  the  said  B  F,  his  executors,  administrators  or  assigns, 
or  of  any  other  person  or  persons  whomsoever,  lawfully 
claiming  or  to  claim  by,  from  or  under  him,  them,  or  any 
of  them  ;  and  that  freed  and  discharged  of  and  from  all 
former  and  other  bargains,  sales  and  incumbrances,  made, 
done  or  committed  by  him  the  said  B  F,  or  any  other  per- 
son or  persons,  by  his  order,  consent,  privity  or  procure 
ment.    In  witness,  &c. 


DEEDS. 


PRACTICAL  REMARKS. 

A  deed,  is  a  writing,  sealed  and  delivered,  to  testify  the 
agreement  of  the  parties,  to  the  thing,  contained  in  (he 
deed. 

AH  writings,  sealed  and  delivered,  are  in  law  deeds: 
but  in  common  acceptation,  a  deed,  is  a  conveyance,  of 
lands ;  and  under  this  head  therefore,  will  be  given,  the 
conveyances  in  ordinary  use. 

The  ease,  with  which  property  may  be  acquired,  in  thi3 
country,  and  the  difficulties,  which  our  laws,  have  cast  in 
the  way,  of  tying  up  estates,  in  families,  hav  e  much  sim- 
plified the  modes  of  transfer  here. 

Among  the  great  variety  of  conveyances,  in  the  Eng- 
lish books  of  precedents,  very  few  are  found  of  use  with 
us. 

The  conveyance  generally  used,  is  the  English  Bargain 
and  Sale,  which  may  be  with,  or  without  covenants.  If  it 
contains  full  covenants,  and  a  general  warranty,  it  is  then 
termed  in  (he  country,  a  warranty  deed  :  If  it  is  without 
covenants,  it  is  called  a  quit  claim  deed. 

A  conveyance  to  be  good,  must  be  signed,  sealed,  anil 
delivered,  by  the  grantor,  and  if  a  married  woman  residing 
in  the  state,  it  must  also  be  acknowledged  by  her,  before 
a  proper  efficer. 

The  acknowledgment  of  deeds  by  the  grantor,  and  the 
proof  of  them  by  the  Avitnesses,  for  lands  in  this  state,  may 
be  taken  before  a  judge  of  the  Supreme  court  of  the  United 
States — ajudge  of  the  Supreme  or  Superior  court  of  any 
state  or  territory — a  judge  of  the  Supreme  court — or  of 
any  court  of  Common  Pleas  in  this  state — a  Master  in 
Chancery  in  this  state — the  Mayor  or  Recorder  of  New- 
York,  Albany  or  Hudson — or  the  Mayor  of  Schenectady. 


36  DEEDS. 

Acknowledgment  of  a  Deed  by  Husband  and 
Wife  when  known  to  the  Officer, 

BE  it  remembered  that  on  the  day  of  in  the  1 
year           came  before  me   one  of  the  justices 

of  the  Supreme  court  of  the  State  of  New-York,  the  with- 
in named  A  B  and  C  his  wife,  known  to  me  to  be  the  per- 
sons described  in,  and  who  have  executed  the  within 
deed,  and  acknowledged  that  they  severally  signed,  seal- 
ed and  delivered  the  said  deed  for  the  uses  and  purposes 
therein  mentioned:  and  the  said  C  being  by  me  privately 
examined,  apart  from  her  said  husband,  acknowledged 
that  she  executed  the  said  deed  freely,  without  any  fear 
or  compulsion  of  her  said  husband :  all  which  I  do  accor- 
dingly certify,  according  to  the  statute  in  such  case  made 
and  provided. 


Acknowledgment  when  the  parties  are  not 
known  to  the  officer. 

BE  it  remembered  that  on  the,  &c.  came  before  me 
&c.  the  within  named  A  B  and  C  his  wife,  and  also 
C  D  of,  &c.  and  the  said  C  D  being  by  me  examined  on 
oath,  declared  that  he  knew  the  said  A  B  and  C  his  wife, 
to  be  the  persons  described  in,  and  who  executed  the 
within  deed,  which  is  to  me  satisfactory  evidence  that 
the  said  A  B  and  G  his  wife,  thus  appearing  before 
me,  are  such  persons  as  aforesaid,  and  thereupon  the 
said  A  B  and  C  his  wife,  acknowledged  &c.  as  above. 

Proof  of  a  deed  when  the  witness  is  known  to 
the  officer, 

BE  it  remembered  that  on  the,  &c.  came  before  me* 
&c.  A  B,  one  of  the  subscribing  witnesses  to  the 
within  deed,  to  me  known,  who  being  duly  sworn  says, 
that  he  saw  the  within  named  C  D,  sign,  seal  and  deliver 
the  said  deed  for  the  usesand  purposes  therein  mentioned, 
and  that  he  knew  the  said  C  D  to  be  the  person  described 
in  the  said  deed,  which  is  to  me  satisfactory  evidence  of 


DEEDS. 


the  said  fact :  and  the  paid  A  B  further  on  his  oath  afore- 
said says,  that  he,  at  the  time  of  the  execution  of  the  said 
deed,  signed  his  name  thereto  as  a  witness  ;  All  which  I 
certify  according  to  the  statute  in  such  case  made  and 
provided. 

Proof  of  a  deed  when  the  witness  is  not  known 
to  the  officer* 

BE  it  remembered  that  on,  &c.  came  before  me,  &c. 
A  B,  one  of  the  subscribing  witnesses  to  the  within 
deed,  and  C  D  of,  &c.  who  being  duly  sworn  depose  ;  and 
first  the  said  C  D  says,  that  he  knows  the  said  A  B,  and 
that  he  is  a  subscribing  witness  to  the  said  deed,  w  hich 
is  to  me  satisfactory  evidence  that  the  said  A  B  is  such 
person  :  and  thereupon  the  said  A  B  says  that  he  saw,  &e. 
as  above. 

A  deed  without  covenants. 

THIS  indenture,  made  the  —  day  of  —  in  the 
year  of  our  Lord  one  thousand  —  between  A  B 
of  &c.  of  the  first  part,  and  C  D  of  <fec.  of  the  second 
part,  witnesseth,  that  the  said  parly  of  the  first  part,  for 
and  in  consideration  of  the  sum  of  fifty  dollars  to  him  in 
hand  paid,  by  the  said  party  of  the  second  part,  the  re- 
ceipt whereof  is  hereby  acknowledged ;  hath  bargained 
and  sold ;  and  by  these  presents,  doth  bargain  and  sell, 
unto  the  said  party  of  the  second  part,  and  to  his  heirs 
and  assigns  forever,  all  <fcc.  [Here  describe  the  properly.] 
Together  with  all  and  singular  the  hereditaments  and 
appertenances  thereunto  belonging,  or  in  any  wise  apper- 
taining ;  and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues  and  profits  thereof;  and  also  all 
the  estate,  right,  title,  interest,  claim  or  demand  whatso- 
ever of  him  the  said  party  of  the  first  part,  either  in  law 
or  equity  of,  in  and  to  the  above  bargained  premises,  and 
every  part  and  parcel  thereof  :  To  have  and  to  hold  to  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  to  the 
sole  and  only  proper  use,  benefit  and  behoof  of  the  said 
party  of  the  second  part,  his  heirs  and  assigns  forever. 
In  witness,  &c. 


88 


DEEDS. 


Quit  Claim  Deed* 

KNOW  all  men  by  these  presents  that  we  A  B  of 
&c.  and  C  the  wife  of  the  said  A,  in  consideration  of 
the  sum  of  to  us  in  hand  paid  by  D  E  of  &c.  the  re- 
ceipt whereof  we  do  hereby  acknowledge,  have  bargain- 
ed, sold  and  quit-claimed,  and  by  these  presents  do  bar- 
gain, sell  and  quit-claim,  unto  the  said  D  E,  and  to  his 
heirs  and  assigns  forever,  all  our  and  each  of  our  right, 
title,  interest,  estate,  claim  and  demand,  both  at  law  and 
in  equity,  and  as  well  in  possession  as  in  expectancy,  of,  in 
and  to  all  that  certain  farm  or  piece  of  land,  situate,  &c. 
{describing  it)  with  all  and  singular,  the  hereditaments 
and  appertenances  thereunto  belonging.  In  witness 
whereof  we  have  hereunto  set  our  hands  and  seals,  this 
 day  of  in  the  year  

Deed  with  covenants  against  the  grantor  only. 

THIS  indenture  made  this  &c.  between  A  B  of  
of  the  one  part  and  C  D  of  —  of  the  other  part, 

Witnesseth;  That  the  said  A  B,  in  consideration  of  

to  him  in  hand  paid  by  the  said  C  D,  the  receipt  whereof 
he  doth  hereby  acknowledge,  hath  granted,  bargained, 
sold,  released  and  confirmed,  and  by  these  presents  doth 
grant,  bargain,  sell,  release  and  confirm  unto  the  said  C 
D,  and  to  his  heirs  and  assigns  forever,  all  .  To- 
gether with  all  and  singular  the  hereditaments  and  apper- 
tenances whatsoever  to  the  same  belonging  or  appertaining, 
and  the  reversion  and  reversions,  remainder  and  remain- 
ders, rents,  issues  and  profits  thereof,  and  every  part  and 
parcel  thereof,  and  also  all  the  estate,  right,  title,  interest, 
trust,  property,  claim  and  demand  whatsoever,  both  at  law 
and  in  equity,  of  the  said  A  B,  in,  to  or  out  of  the  said 
lands,  tenements,  hereditaments  and  premises  :  To  have 
and  to  hold  the  said  lands,  tenements  and  hereditaments, 
and  all  and  singular  other  the  premises  herein  before 
mentioned,  with  their  appertenances,  unto  the  said  C  D, 
his  heirs  and  assigns,  and  to  his  and  their  ouly  proper  use 
and  behoof. 

Cov.  for  quiet  And  the  said  A  B  doth  hereby,  for  himself, 
rnjoyment  a-  his  heirs,  executors  and  administrators,  cov- 
gainst  grantor.  enant  promjse  and  agree,  to  and  with  the  said 


DEEDS. 


88 


C  D,  hi3  heirs,  executors,  administrators  and  assigns,  in 
manner  and  form  following,  that  is  to  say  :  that  the  said 
C  D,  his  heirs,  and  assigns,  shall  and  may  peaceably  and 
quietly  have,  hold  and  enjoy  the  said  lands,  tenements, 
hereditaments  and  premises,  and  every  part  and  parcel 
thereof,  without  the  let,  suit,  trouble,  eviction  or  disturb- 
ance of  the  said  A  B,  his  heirs  or  assigns,  or  of  or  by  any 
other  person  or  persons  lawfully  claiming  or  to  claim 
from,  by  or  under,  or  in  trust  for  him,  them  or  any  of 
them. 

And  that  the  said  lands,  tenements,  here-  , 

J.*  i.        i  •  i  *       i  freeofincuiribran 

aitaments  and  premises,  and  every  part  and  ce3by  grantor, 
parcel  thereof,  now  are  and  from  henceforth 
shall  continue,  remain  and  be  unto  the  said  C  D,  his  heirs 
and  assigns,  free  and  clear,  and  freely  and  clearly  acquit- 
ted, "exonerated  and  discharged  of,  from  and  against 
all  former  and  other  gifts  grants,  bargains,  sales,  mortga- 
ges, estates,  titles,  troubles,  charges  and  incumbrances 
whatsoever,  had,  made,  done,  committed,  occasioned  or 
suffered  by  the  said  A  B,  or  by  any  person  lawfully  claim- 
ing or  to  claim  by,  from  or  under  him,  or  by  his,  their  or 
any  oftheiract,  means,  assent  or  procurement. 

And  the  said  A  B  and  his  heirs,  all  and  sin-  Warranty  a- 
gular  the  aforesaid  lands,  tenements,  heredit-  gain8t  £rantor« 
aments  and  premises,  and  every  part  and  parcel  thereof, 
unto  the  said  C  D,  his  heirs,  and  assigns,  against  hirn 
the  said  A  B,  his  heirs  and  assigns,  shall  ami  will  war- 
rant and  for  ever  defend  by  these  presents.  In  witness, 
&c. 


T 


Deed  with  full  Covenants. 

HIS  indenture  made  the           day  oi  in  the  year 

  Between    \  B  of  and  (J  his  wife  of  ihe 

first  part  and  D  E  of  of  the  second  part.  Witness- 
ed, That  the  said  parties  of  the  first  part,  for  and  in  con- 
sideration of  the  sum  (*f— —  current  money  of  the  United 
States,  to  them  in  hand  paid  by  the  said  parties  of  the  se- 
cond part,  at  and  before  the  ensealing  and  delivery  of 
these  presents,  the  receipt  whereof  they  do  hereby  ac- 
knowledge ;  and  thereof  and  therefrom,  and  of  and  from 
every  ;*an  and  parcel  thereof  do  acquii,  release,  exonerate 
and  discharge  the  said  party  of  the  second  part,  his  heir*, 
H  2 


DEEDS. 


executors,  administrators  and  assigns,  and  every  of  them 
by  these  presents,  have  granted,  bargained,  sold,  aliened, 
remise^;  released,  and  confirmed,  and  by  these  presents 
do  tally,  freely  and  absolutely  grant,  bargain,  sell,  alien, 
remise,  release  and  confirm,  unto  the  said  party  of  the 
second  part,  and  his  heirs  and  assigns   forever.  All 
that  messuage  or  dwelling  house  and  lot  of  land  thereto 
belonging,  situate,  lying  and  being  &c.    Together  with 
all   and  singular  the  hereditaments  and  appertenances 
"whatsoever,  to  the  said  messuage,  lot  of  ground  and  prem- 
ises belonging  or  in  any  wise  appertaining,  and  the  rever- 
sion and  reversions,  remainder  and  remainders,  rents,  issues 
and  profits  thereof,  and  of  every  part  and  parcel  thereof, 
and  also  all  the  estate,  right,  title,  interest,  property,  pos- 
session, claim  and  demand,  whatsoever,  of  the  said  parties 
of  the  first  part  and  each  of  them,  of,  in  and  to  the  same, 
©r  any  part  or  parcel  thereof;    To  have  and to  hold  the 
said  messuage  and  lot  of  ground  and  premises  with  their 
and  every  of  their  rights,  members  and  appertenances  un- 
to the  said  party  of  the  second  part  his  heirs  and  as- 
signs forever,  to  the  only  proper  use,  benefit  and  behoof 
of  the  said  party  of  the  second  part,  his  heirs  and  assigns 
forever. 

Clause  of  ^nd  tne  sa^  ^  ^'  arK'  ms  heirs,  a'*  an^  sm" 
warranty  gular  the  aforesaid  messuage,  lot  of  ground  and 
premises,  with  their  and  every  of  their  rights,  members 
and  appertenances  hereby  granted  and  released,  and  eve- 
ry part  and  parcel  thereof,  unto  the  said  party  of  the  se- 
cond part,  his  heirs,  and  assigns,  against  him  the  said  A 
B,  his  heirs  and  assigns,  and  against  all  and  every  other 
person  and  persons  whomsoever  shall  and  will  warrant, 
and  forever  'lei  mi  by  these  presents. 

Cov  that  A  11  tn<?  saM  ^  for  himself,  his  heirs,  ex- 
grantor  is  ecu  is  and  administrators,  and  each  and  every 
owner.  y  0r  tb-m,  doth  hereby  promise,  cov  enant,  grant 
and  tgree  to  and  with  the  said  party  of  the  second  part, 
bis  heirs  and  assigns,  in  manner  and  form  following,  that 
is  to  say  ;  that  he  the  said  B  is  at  the  time  of  the  en- 
sealing and  delivery  of  'hese  presents,  the  true,  lawful  and 
rightful  owner  and  proprietor  of  the  said  messuage  and 
lot  of  ground  and  premises,  with  their  and  every  of  their 
righfs,  members  and  ap;>ertenances,  and  every  part  and 
parcel  thereof,  of  a  good,  pure,  perfect  and  indefeasible 


DEEDS. 


estate  of  inheritance,  in  fee  simple,  without  any  manner 
of  conditioner  limitation,  of  any  use  or  uses,  or  any  other 
matter,  cause  or  thing  whatsoveer  to  determine,  alterv 
change  or  defeat  the  same  : 

And  that  he  the  said  A  B  hath  in  himself,  good  *5tIj 
right,  full  power,  and  lawful  and  absolute  authority  er  °  SL'' 
to  grant,  bargain,  sell,  remise,  release  and  confirm,  the 
said  messuage  and  lot  of  land  and  premises,  with  their 
and  every  of  their  apperteuances,  unto  the  said  party  of 
the  second  part,  his  heirs  and  assigns,  in  manner  and  form 
aforesaid  : 

And  also,  that  he  the  said  party  of  the  second  that  gran- 

•  5  Sll3.il 

part,  his  heirs  and  assigns,  and  every  of  them,  occup7. 
shall  and  may  from  time  to  time,  and  at  all  times 
forever  hereafter,  peaceably  and  quietly  have,  hold,  use,  oc- 
cupy, possess  and  enjoy,  all  and  singular  the  premises  herein 
before  mentioned  or  intended  to  be  hereby  conveyed,  and 
every  part  and  parcel  thereof,  with  their  and  every  of  their 
appertenances,  without  any  let, suit,  trouble,  denial,  eviction, 
ejection  or  interruption  whatsoever,  of  or  by  him  the  said 
A  B,  his  heirs  or  assigns,  or  of  or  by  any  olher  person  cr 
persons  whatsoever,  having  or  lawfully  claiming  any  es- 
tate right  title  or  interest,  of,  in  or  to  the  same  or  any 
part  thereof,  and  that  free  and  clear,  and  freely  ami  clear- 
ly acquitted,  exonerated  and  discharged  of  and  f  rom  all  and 
all  manner  of  former  and  other  bargains,  sales,  gifts,  gi  ants, 
feoffments,  devices,  dowers,  rights  and  titles  of  dower, 
uses,  issues,  fines,  annuities,  debts,  duties,  judgments,  ex- 
ecutions, recognizances,  and  all  other  estates  rights, ti- 
tles, troubles,  charges  and  incumbrances  whatsoever,  had, 
made,  committed,  done  or  suffered,  or  to  be  had,  made, 
committed,  done  or  suffered,  in  any  wise  whatsoever,  by 
Iiim  the  said  A  B,  or  by  any  other  person  or  persona 
whatsoever,  having  or  lawfully  claiming  any  estate,  right, 
title  or  interest  of,  in  or  to  the  same  or  any  part  or  parcel 
thereof. 

And  moreover,  that  he  the  said  A  B  and  his  For  further 
heirs,  and  all  and  every  other  person  or  per-  a9sunincc- 
sons,  having  or  lawfully  claiming,  any  estate,  right,  title 
or  interest,  of,  in  or  to  the  said  messuage,  lot  of  ground 
and  premises,  or  any  part  or  parcel  thereof,  by,  from  of 
under  him.  shall  and  will,  from  time  to  time  and  al  all 
times  hereafter,  upon  the  reasonable  request  and  at  the 


DEEDS. 


proper  costs  and  charges  of  the  said  party  of  the  second 
part,  his  heirs  or  assigns,  make,  do,  acknowledge,  levy, 
suffer  and  execute,  or  cause  and  procure  to  be  made, 
done  acknowledged,  levied,  suffered  and  executed,  all 
and  every  such  further  and  other  act  and  acts,  thing  and 
things,  device  and  devices,  conveyances  and  assurances 
in  the  law  whatsoever,  for  the  further,  better  and  more- 
effectual  conveying,  settling  and  assuring  of  all  ami  sin- 
gular the  premises  hereinbefore  mentioned  or  intern  led 
to  be  herein  conveyed  with  theirand  every  of  their  rights 
members  and  appertenances  to  the  only  proper  use  ..nd 
behoof  of  the  said  party  of  the  second  part,  his  heirs  and 
assigns  forever,  as  by  the  said  party  of  the  second  part, 
his  heirs  or  assigns,  or  his  or  their  counsel  learned  in 
the  law,  shall  be  reasonably  devised,  advised  or  required. 
In  witness  whereof,  the  parties  to  these  presents,  have 
hereunto  interchangeably  set  their  hands  and  seals,  the 
day  and  year  first  above  written. 


•5  Conveyance  of  Lands  on  Sale  by  Mortgage. 

rilHl S  Indenture,  made  the   day  of  m  the 

A  year  ^  between  A  B  of,  &c.  of  the  one  part,  and 
C  D  of,  &c.   of  the  other  part.    Whereas  E  F  of,  £c.  did 

by  a  certain  indenture  of  Mortgage,  dated  the  day  of 

—  in  the  year   for  the  consideration  of  —  bar- 

gain and  sell  unto  the  said  A  B,  and  to  his  heirs  and  as- 
signs forever,  all  that  certain,  &c.  Together  with  all 
and  singular  the  hereditaments  and  appertenances  there- 
unto belonging ;  To  have  and  to  hold  the  said  granted 
and  bargained  premises,  with  the  appertenances  unto  the 
aaid  A  B,  his  heirs  and  assigns,  to  the  only  proper  use 
and  behoof  of  the  said  A  B,  his  heirs  and  assigns  forever  ; 
Provided  nevertheless,  and  the  said  indenture  of  mort- 
gage w  as  there' >y  declared  to  be  upon  condition,  that  if 
the  said  E  F,  his  heirs,  executors  or  administrators, 
should  well  at-«i  truly  pay  unto  the  said  A  B,  his  execu- 
tors, administrators  or  assigns,  the  just  and  full  sum  of 

  with  lawful  interest  for  the  same,  on  or  before  the 

— -  i\ny  of          in  the  year  of  according  to  the 

condition  of  a  certain  bond  or  writing  oblig.ilory,  bearing 
£ven  date  with  the  said  indenture  of  mortgage,  that  then 


DEEDS. 


G5 


and  in  &uch  case  the  said  indenture  and  the  said  writing 
obligatory  should  be  void  and  of  no  effect :  And  the  said 
E  F  did  by  the  said  indenture,  for  himself,  his  heirs  und 
assigns,  agree  with  the  said  A  B  his  heirs,  executors, 
administrators  and  assigns,  that  in  case  it  should  so  hap- 
pen  that  the  said  sum  of  and  the  interest  for  the 

same,  should  be  due  and  unpaid  at  the  time  limited  for 
the  payment  thereof,  in  the  whole  or  in  part  thereof,  that 
then  ii  should  and  mi^ht  ^  e  lawful  for  the  said  A  B,  his 
heirs  or  assigns,  at  any  time  after  default  in  payment,  to 
bargain,  sell  and  dispose  of  the  said  mortgaged  prem- 
ises, with  the  appertenances,  at  public  vendue,  and  out  of 
the  monies  to  arise  from  the  sale  thereof,  to  retain  and 

keep  the  said  sum  of  dollars,  and  the  interest,  or  so 

much  thereof  as  might  be  due,  together  with  the  costs 
and  charges  of  such  sale  or  sales,  rendering  the  overplus 
money,  if  any,  to  the  said  E  F,  his  heirs,  executor*,  ad- 
ministrators or  assigns :  And  ivhereas  the  said  E  F  did 
not  pay  to  the  said  A  Bthe  said  sum  of  money,  with  the 
interest,  at  the  time  limited  for  payment  or  at  any  time 
since:  and  the  said  A  B  hath  therefore  in  pursuance  of 
the  authority  so  given  to  him  as  aforesaid,  and  according 
to  the  statute  in  such  case  made  and  provided,  caused 
the  premises  to  be  advertised  and  s  >ld  at  public  auction 
and  the  same  has  been  struck  off  to  the  said  C  D,  for 
—  being  the  highest  sum  bid  for  the  same. 

Now  therefore,  this  indenture  witnesseth,  that  the  said 
A  B  in  pursuance  of  the  power  and  statute  aforesaid  and 

also  for  and  in  consideration  of  the  said  sum  of  to  him 

in  hand  paid  by  the  said  C  D  at  and  before  the  ensealing 
and  delivery  hereof,  the  receipt  whereof  is  hereby  ac- 
knowledged, hath  granted,  bargained,  aliened,  released 
and  confirmed,  and  by  these  presents,  doth  grant,  bar- 
gain, sell,  alien,  release  and  confirm  unto  the  said  C  D, 
and  to  his  heirs  and  assigns  for  ever,  all  the  farm,  piece 
or  parcel  of  land,  above  mentioned  together  with  the  he- 
reditaments and  appertenances,  as  the  same  is  described 
and  conveyed  by  said  indenture  of  mortgage  ;  and  all  the 
estate,  right,  title,  interest,  claim  and  demand  at  law  and  in 
equity  of  him  the  said  A  B,  and  also  of  the  said  E  F  as 
far  forth  as  the  said  A  B,  hath  power  to  grant  and  convey 
the  same,  of  in  and  to  the  premises  and  every  part  and 
parcel  thereof  ;  to  have  and  to  hold  the  said  above  granted 


94 


DEEDS. 


t 


and  bargained  premises  with  the  appertenances,  unto  lite 
said  C  D,  his  heirs  and  assigns,  to  the  sole  and  anly  prop- 
er use  and  behoof  of  the  said  C  D,  his  heirs  and  assigns 
forever.  In  witness  whereof,  the  parties  have  hereunto 
set  their  hands  and  seals  the  day  and  year  first  above 
written.  Sealed  &c. 

A  Sheriff's  Deed. 

TO  all  to  whom  these  presents  shall  come,  I,  AB 
Sheriff  of  send  greeting.    Whereas  by  a  writ 

of  execution  issued  out  of  the  supreme  court  of  the  state  of 

New- York  to  me  directed  and  delivered,  tested  the  day 

of  in  the  year  I  was  commanded  to  make  ofthe 

goods  and  chattels  of  C  D  in  my  bailiwick  $  which 
E  F  had  recovered  against  him  in  the  said  court,  for  his 
damages  which  he  had  sustained  as  well  by  reason  of 
the  non-performance  of  certain  promises  as  for  his  costs 
and  charges,  and  that  if  sufficient  goods  and  chattels 
could  not  be  found,  that  then  I  should  cause  the  said 
damages  to  be  made  of  the  lands  and  tenements  whereof 

the  said  C  D  was  seized  on  the  day  of        in  the 

year  ■—  or  at  any  time  afterwards  in  whose  hands  soev- 
er the  same  might  be,  as  by  the  said  writ  of  execution 
reference  being  thereunto  had  more  fully  appears.  And 
whereas  after  the  coming  of  the  said  writ  to  me  and  before 
the  day  of  the  return  thereof,  I  did  by  virtue  of  the  said 
writ  seize  and  take  the  lands  hereinafter  particularly  dis- 
cribed,  and  have  for  want  of  goods  and  chattels  in  my 
bailiwick  of  the  said  C  D,  to  satisfy  the  said  damages, 
sold  the  said  lands  as  is  hereinafter  mentioned  at  public 
auction  according  to  the  statutes  in  such  case  provided 

to  G  H  for  being  the  highest  sum  bid  for  the  s  me. 

Now  know  ye,  that  I  the  said  A  B  the  sheriff  aforesaid, 
by  virtue  of  the  said  writ  of  execution  and  of  the  statutes 
in  such  case  made  and  provided,  in  consideration  of  the 
said  sum  of — —to  me  in  hand  paid  by  the  said  G  H,  the 
receipt  whereof  is  hereby  acknowledged,  have  granted, 
bargained  and  sold,  and  by  these  presents  do  grant,  bar- 
gain >nd  sell  unto  the  said  G  H,  and  to  his  heirs  and  as- 
signs i  -  ever,  all  with  its  appertenances,  aud  all  the 

estat  £ht,  title  and  interest  which  the  sai*'*  i)  had  in 
the  said  truci,  piece  and  parcel  of  land,  on  the  said  — - 


DEEDS. 


day  0f  in  the  year          ov  at  any  time  since  had  or 

now  hath.  To  have  and  to  hold  the  said  land  and  premi- 
ses and  every  part  thereof  with  the  appertenances  unto  the 
«£d  G  H,  his  heirs  and  assigns  forever,  as  fully  and  abso- 
lutely as  I  the  said  A  B  as  sheriff  aforesaid,  and  under  the 
authority  aforesaid  might,  could  or  ought  to  sell  and  con- 
vey the  same.    In  witness,  &c. 

— ,  ,  ,  .  — »   ~ 

CONVEYANCE  BY  LEASE  AND  RELEASE; 

The  Lease  to  precede  the  Release. 

THIS  Indenture  made,  &c.  (the  day  before  the  date  of 
Release)  between  A  B  of  of  the  one  part,  and 

C  D  '>f          of  the  other  part,  witnesseth,  that  the  said 

A  B  for  and  in  consideration  of  the  sum  of  one  dollar  to 
him  in  hand  paid  by  the  said  C  D  at  or  before  the  en- 
sealing and  delivery  of  these  presents,  the  receipt  where- 
of is  hereby  acknowledged,  hath  granted,  bargained  and 
eold,  and  by  these  presents  doth  grant,  bargain  and  sell 
unto  the  said  C  D,  his  executors,  administrators  and  as- 
signs, all  that  messuage,  &c.  and  the  reversion  and  rever- 
sions, remainder  and  remainders,  rents,  issues  and  prof- 
its of  all  and  singular  the  said  premises  and  every  part 
and  parcel  thereof,  with  the  appertenances  :  To  have  and 
to  hold  the  said  lands,  hereditaments  and  premises  above 
granted,  bargained  and  sold,  and  every  part  ami  parcel 
thereof,  with  the  appertenances,  unto  the  said  C  D,  his 
executors,  administrators  and  assigns,  from  the  day  before 
the  day  of  the  date  hereof,  for  and  during,  and  untd  the 
lull  end  and  term  of  one  whole  year  from  thenceforth  next 
ensuing,  and  fully  to  be  complete  and  ended:  Yielding  , 
and  paying  therefor,  at  the  expiration  of  the  said  year, 
one  pepper  corn,  if  the  same  shall  be  lawfully  demanded  ; 
to  the  intent,  that  by  virtue  of  these  presents,  and  by  force 
of  the  statute  made  for  transferring  of  uses  into  possession, 
he  the  said  C  D  may  be  in  the  actual  possession  of  all  and 
singular  the  said  premises  above  bargained  and  sold,  with 
the  appertenances,  and  be  thereby  enabled  to  take  and  ac- 
cept of  a  grant  and  release  of  the  reversion  and  inheritance 
thereof  to       and  his  heirs,  to,  for  and  upon  such  uses,  in- 
tents and    *|>oses,  as  in  and  by  the  said  grant  or  release 
shall  be  thereof  directed  or  declared.    In  witness,  Sec. 


96 


DEEDS. 


The  Release. 

THIS  Indenture  made  between  A  B  of  of  the 
one  part,  and  C  D  of  of  the  other  part,  witness- 
ed, that  the  said  A  B  for  and  in  consideration  of  the  sum 

of          to  him  the  said  A  B  in  hand  well  and  truly  paid, 

at  or  before  the  ensealing  and  delivery  of  these  pres- 
ents, the  receipt  whereof  he  the  said  A  B  doth  here- 
by acknowledge,  and  thereof,  and  from  every  part  and 
parcel  thereof  doth  release,  and  forever  discharge  the 
said  C  D,  his  heirs,  executors  and  administrators,  and 
every  of  them  by  these  presents,  hath  granted,  bargained, 
sold,  aliened,  released  and  confirmed  and  by  these  pres- 
ents, doth  grant,  bargain,  sell,  alien,  release  and  confirm 
unto  the  said  C  D  (in  his  actual  possession  now  being, 
by  virtue  of  a  bargain  and  sale  to  him  thereof  made,  for 
one  whole  year,  by  indenture,  bearing  date  the  day  next 
before  the  day  of  the  date  of  these  presents,  and  by  force 
of  the  statute  made  for  the  transferring  of  uses  into  pos- 
session :)  and  to  his  heirs  and  assigns,  all  that  messuage, 
&c.  together  with  all  easements,  profits,,  commodities,  ad- 
vantages, emoluments  and  hereditaments  whatsoever,  to 
the  same  belonging,  or  in  any  wise  appertaining,  or  which 
to  and  with  the  same  now  are,  or  at  any  times  heretofore 
have  been  held,  used,  occupied,  accepted,  reputed  taken 
or  known,  as  part,  parcel  or  member  thereof,  or  of  any 
part  thereof ;  and  the  reversion  and  reversions,  remainder 
and  remainders,  rents,  issues  and  profits,  of  all  and  sin- 
gular the  said  premises,  and  every  part  and  parcel  thereof, 
with  the  appertenances,  and  also  all  the  estate,  right,  ti- 
tle, interest,  property,  claim  and  demand  whatsoever,  in 
law  or  equity,  of  him  the  said  A  B,  of  in  and  to  all  and 
singular  the  said  premises  above  mentioned,  and  of,  in  and 
to  every  part  and  parcel  thereof,  with  the  appertenances  ; 
To  have  audio  hold  all  and  singular  the  said  messuages 
or  tenements,  lands,  hereditaments  and  premises  above, 
in  and  by  these  presents,  released  and  confirmed,  and  ev- 
ery part  and  parcel  thereof,  with  the  appertenances,  unto 
the  said  C  D,  his  heirs  and  assigns,  to  the  only  proper  use 
and  behoof  of  the  said  C  D,  his  heirs  and  assigns  forever  : 
(or  to  and  for  such  intents  and  purposes  as  are  hereinafter 
mentioned,  expressed  and  declared  of  and  concerning  the 
same ,  that  is  to  say  ;  expressing  the  uses  at  large.) 
For  the  Covenants  see  Deed  with  full  Covenant. 


DEEDS. 


97 


DEEDS  OF  FEOFFMENT. 

Feoffment. 

HP  HIS  Indenture,  made   between  A  B  of   of 

the  one  part,  and  C  D  of  of  the  other  part,  wit- 

ne.-seth  that  for  and  in  consideration  of  the  sum  of 
to  the  said  A  B  in  hand  well  and  truly  paid,  <kc.  [as  be- 
fore in  the  release]  he  the  said  A  B  hath  granted,  bar- 
gained, sold,  aliened,  enfeoffed  and  confirmed,  and  by 
these  presents  doth  grant,  bargain,  sell,  alien,  enfeoff  anil 
confirm  unto  the  said  C  D,  his  heirs  and  assigns,  all  that, 
&*c.  [Here  go  on  as  in  the  release,  until  yen  come  to,  To 
have,  &c]  To  have  and  to  hold  the  Baid  <fv:c.  unto  the  said 
C  D  his  heirs  and  assigns,  to  the  only  proper  use  and 
behoof  of  him  thesaid  C  D,  his  heirs  and  assigns  forever. 
And  the  said  A  H,  for  himself,  kc.  [Covenants  as  in  the 
release'].    And  lastly,  the  said  A  B  hath  made,  constituted 
and  appointed*  and  by  these  presents  doth  make,  consti- 
tute and  appoint  £  F  of  his  true  and  lawful  attor- 
ney, for  him  and  in  his  name,  place  and  stead,  info  the 
said  and  premises,  with  the  appertenances,  hereby- 
granted  and  conveyed,  or  mentioned  or  intended  so  to  be, 
or  into  some  part  thereof  in  the  name  of  the  whole,  to  en- 
ter, and  full  and  peaceable  possession  and  seisin  thereof, 
for  him  and  in  his  name  and  stead,  to  take  and  have  :  and 
after  such  possession  and  seisin  thereof,  taken  and  had, 
the  like  full  and  peaceable  possession  and  seisin  thereof, 
or  of  some  part  thereof  in  the  name  of  the  whole,  uuto 
thesaid  C  1)  or  to  his  certain  attorney,  for  the  purpose 
authorised,  to  give  and  deliver ;   To  hold  unto  him  the 
said  C  D,  his  heirs  and  assigns  for  ever,  according  to  the 
true  intent  and  meaning  of  these  presents:  and  the  said 
AB  hereby  ratifying,  confirming  ami  allowing  all  and 
whatsoever  his  said  attornejr  or  attornies,  or  either  of 
them, shall  lawfully  do  in  the  premises. 
In  w  itness,  &c« 

I 


/ 

wLm 


£8 


DEEDS. 


JL  Memorandum  of  livery  and  seisin  indorsed 
on  the  Feoffment. 

BE  it  remembered,  that  on  the  day  of   in  the 
year  full,  quiet,  and  peaceable  possession  and 

seisin  was  had  and  taken  of  the  messuage,  Arc.  within 

mentioned  by  the  attorney  within  named,  and  by  him 

delivered  over  unto  the  within  to  hold,  &c.  according 

to  the  purport,  intent  and  meaning  of  the  within  written 
indenture. 


DEEDS  OF  CONFIRMATION. 

Gonfirmation  from  a  person  on  attaining  his 
age  of  twenty  one  years,  who  was  made  a 
party  to  a  conveyanae  before  he  was  of  age. 
To  be  indorsed  on  the  conveyance. 

MEMORANDUM,  That  the  within  named  C  D  was 
not  of  age,  at  the  time  of  making  the  within  writ- 
ten indenture,  but  hath  now  attained  his  full  age  of  twenty- 
one  years  :  and  did  on  this  day  of.  seal  and  de- 
liver this  present  indenture,  in  the  presence  of  us. 


Deed  of  Confirmation. 

rpHIS  INDENTURE,  made,  Sec.  between  C  D  of,  &c. 

a  son  and  one  of  the  heirs  of  E  D,  deceased,  of  the 
one  part,  and  A  B  of,  &c.  of  the  other  part.  Whereas  by  a 
certain  deed  of  bargain  and  sale,  bearing  date  on  or  about, 
&c.  and  made  between  E  F  and  the  said  C  D  of  the  one 
part,  and  the  said  A  B  of  the  other  part,  for  the  consid- 
eration of  five  hundred  dollars,  the  several  messuages  or 
tenements  therein  mentioned,  and  hereinafter  intended 
to  be  released  and  confirmed,  are  thereby  granted  and 
conveyed,  or  intended  so  to  be,  unto  and  to  the  use  of  the 
said  A  B,  his  heirs  and  assigns  forever,  as  by  the  said 
indenture  of  bargain  and  sale  relation  being  thereunto 
had  may  more  fully  appear  :  And  whereas  the  said  C 
D  at  the  time  of  the  date  and  making  the  said  in  part 


DEEDS. 


recited  indenture 'of  bargain  and  sale,  was  not  of  the 
age  of  twenty  one  years,  but  hath  since  attained  to  such 
his  age  of  twenty  one  years,  and  hath  this  day   be- 
fore the  execution  of  these  presents,  duly  sealed  and  de- 
livered the  said  in  part  recited  indenture  of  bargain  and 
sale.  Now  this  indenture  witnesseth,  that  as  well 
in  performance  of  a  covenant  for  further  assurance  in 
the  said  indenture  of  bargain  and  sale  contained,  as  also 
for  and  in  consideration  of  the  sum  of  —  dollars  to  him 
the  said  C  D  in  hand  paid  by  the  said  A  B  at  and  before 
the  ensealing  &c.  being  his  full  part  and  share  of  and  in 
the  before  mentioned  sum  of  five  hundred  dollars  agreed 
to  be  paid  for  the  purchase  of  the  said  messuages,  tene- 
ments and  hereditaments,  the  receipt  whereof  he  the  said 
C  D  doth  hereby  acknowledge,  he  the  said  C  D  hath  re- 
mised, released,  aliened,  and  quit-claimed,  and  by  these 
presents  doth  absolutely  remise,  release,  alien,  and  for- 
ever quit-claim  and  confirm  unto  the  said  A  B  in  his 
actual  possession  now  being  by  virtue  of  the  before  men- 
tioned indenture  of  bargain  and  sale,  and  to  his  heirs  and 
assigns,  all,  Sec.  To  have  and  to  hold  unto  and  to  the 
use  of  the  said  A  B,  his  heirs  and  assigns  forever.  (Jn- 
sert  a  covenant  that  he  lias  done  no  act  to  incumber,  except, 
&c.  and  for  further  assurance,  t£-c.)  In  witness,  6jc. 


EXCHANGE. 
A  Deed  of  Exchange. 

THIS  Indenture  made,  cVc.  between  A  B  of,  &e.  or 
the  one  part,  and  C  D  of,  6cc.  of  the  other  part,  w  it- 
nessed ;  that  the  said  A  B  hath  given  and  granted,  and 
by  these  presents  doth  give  and  grant,  unto  the  said  C  D, 
all,  Sec.  To  have  and  to  hold  the  said  lands  to  the  said 
C  D,  his  heirs  and  assigns  forever,  in  exchauge  for  all. 
&c.  And  the  said  C  D  hath  given  and  granted,  and  by 
these  presents  doth  give  and  grant  unto  the  said  A  B,  the 
said  lauds  last  mentioned,  To  have  and  to  hold  the  said 
lands  to  the  said  A  B,  his  heirs  and  assigns  forever  in  ex- 
change for  the  lands  herein  first  above  mentioned  ;  Pro- 
vided always,  and  each  of  the  said  parties  for  himself;  his 


100 


DEEDS: 


heirs  and  assigns  doth  grant  and  agree  by  these  presents, 
that  if  it  shall  happen  that  any  of  the  lands  before  men- 
tioned shall  be  evicted  or  taken  awaj'  out  of  the  posses- 
sion of  either  of  the  said  parties,  his  heirs  or  assigns  by 
any  person  or  persons,  under  any  former  right  or  title  so 
thai  the  exchange  cannot  continue,  that  then  and  from 
thenceforth  the  said  gift  and  grant  in  exchange,  and  of 
each  «»f  the  said  parties  shall  be  utterly  void,  and  of  none 
effect;  and  that  then  it  shall  be  lawful  to  each  of  the  par- 
ties, his  heirs  and  assigns,  after  such  eviction,  to  re-enter 
into  his  said  former  lands,  and  the  same  to  have  again  and 
enjoy,  in  their  former  estate,  any  thing  herein  contained 
to  the  contrary  notwithstanding.    In  witness,  &c. 

Jin  exchange  of  lands  for  a  term  of  years. 

THIS  INDENTURE  made, &c.  between  E  P  of,  <£c 
of  the  one  part,  and  G  H  of,  #c.  of  the  other  part. 
Whereas  the  saidE  Fis,  and  stands  seized  for  tbe  term 
of,&c  of  and  in  the  messuages,  tenements  and  heredita- 
ments first  hereinafter  mentioned  to  be  hereby  granted 
and  demised.  And  whereas  the  said  G  H  is  and  stands 
seized  for  the  term  of,  &c.  of  and  in  the  messuages,  ten- 
ements and  hereditaments  last  hereinafter  mentioned  to 
be  hereby  granted  and   demised.      And  Whereas  the 
said  E  F  and  G  H  are  minded  and  agreed  to  exchange 
with  each  other  the  aforesaid  premises  for  and  during 
their  joint  lives.    Now  therefore  far  the  end  and  pur- 
pose aforesaid,  this  indenture  witnesaeth,  iliat  for  and  in  I 
consideration  of  the  grant  and  demise   hereinafter  made, 
or  mentioned  to  be  made  by  the  said  G  M  to  the  said  E  F 
and  in  consideration  of  one  doilar,  lawful  money  of,  8cc. 
to  the  said  E  F  in  hand  paid  by  the  said  G  H  at  or  before 
the  ensealing  and  delivery  of  these  presents,  the  receipt 
whereof  is  hereby  acknowledged,  he  the  said  E  F  hath 
given,  granted,  bargained,  sold  and  demised,  and  by  these 
presents,  doth  give,  grant,  bargain,  sell  and  demise  unto 
the  said  G  H,  his  executors,  administrators  and  assigns, 
all  that  messuage  with  the  appertenances,  situated,  &c. 
together,  &c.    To  have  and  hold  the  said  messuage  and 
premises  above  mentioned,  with  the  appertenances  unto 
the  said  G  H,  his  executors,  administrators  and  assigns, 
from  the — —  day  of        last  past,  for  and  during,  and 


DEEDS. 


101 


unto  the  full  end  and  term  of  ninety-nine  years,  from 
thence  next  ensuing,  and  fully  to  be  complete  and  ended, 
if  the  said  E  F  and  G  H  shall  both  of  them  so  long 
Jive.  And  this  indenture  furtlier  witnesseth,  that  the  said 
G  H  in  consideration  of  the  said  bargain  and  sale  so  made 
unto  him  the  said  G  H,  by  the  said  E  F  as  aforesaid,  and 
in  consideration  of  the  sum  of  one  dollar  lawful  money  of, 
he.  to  the  said  G  H  in  hand  paid  by  the  said  E  F  at  or  be- 
fore, &c.  the  receipt,  &c.  hath  given,  granted,  bargained, 
sold  and  demised,  and  by  these  presents,  doth  give,  grant, 
bargain,  sell  and  demise,  unto  the  said  E  F,  his  execu- 
tors, administrators  and  assigns,  all  that  messuage,  with 
the  apperte nances,  situated,  <£c.  together,  Sec.  To  hair 
and  to  hold  the  said  last  mentioned  messuage  or  tene- 
ment and  premises,  with  the  appertenances,  unto  the 
said  E  F,  his  executors,  administrators  and  assigns,  from 

the  said  ~  day  of  last  past,  for  and  during,  and 

unto  the  full  end  and  term  of  ninety-nine  years,  from 
thence  next  ensuing,  and  fully  to  be  complete  and  ended, 
if  the  said  G  H  and  E  F,  shall  both  of  them  so  long 
live,  in  exchange  for  the  said  messuage,  &c.  first  above 
mentioned  to  be  granted  by  the  said  E  F  to  the  said  G  H 
in  exchange,  as  aforesaid.  And  the  said  E  F,  for  him- 
self, his  heirs,  executors  and  administrators,  doth  cove- 
nant, grant  and  agree,  to  and  with  the  said  G  H,  his  ex- 
ecutors, administrators  and  assigns,  that  he  the  said  G  H, 
his  executors,  administrators  and  assigns,  shall  and  may 
from  time  to  time  and  at  all  times  hereafter,  during  the  said 
term  hereby  granted  by  the  said  E  F  as  aforesaid,  peaceably 
and  quietly  have,  hold,  occupy,  possess  and  enjoy  the  said 
messuage,  8cc.  and  other  the  premises  first  above  men- 
tioned, with  the  appertenances,  without  the  let,  suit, 
trouble,  hindrance,  molestation,  interruption,  eviction,  or 
disturbance  of  him  the  said  E  F,  his  executors,  or  admin- 
istrators, or  any  of  them,  or  of  or  from  any  other  per- 
son or  persons  whomsoever,  lawfully  claiming  or  to  claim, 
by,  from  or  under  him,  them  or  any  of  them  :  And  also 
th.it  he  the  said  E  F  hath  not  at  any  time  heretofore 
made,  done,  committed,  or  suffered  any  act,  matter  or 
thing  'viiaf soever,  whereby  or  by  means  whereof  the  said 
mes  <re,  tenement  and  premises  first  herein  before 
granted  and  demised,  O!  intended  so  to  be,  or  any  of  them, 
0*  any  part  or  parcel  thereof,  is,  are,  shall  or  may  be  im- 

1% 


102T  DEEDS. 

peached,  charged  or  incumbered,  in  title,  charge,  estate 
or  otherwise  howsoever  during  the  estate  hereby  grant- 
ed. And  also  that  he  the  said  E  F  and  all  and  every 
person  and  persons  claiming  or  to  claim,  from,  by  or  un- 
der, or  in  trust  for  him,  shali  and  will  from  time  to  lime, 
and  at  all  times  hereafter,  during  the  estate  hereby  grant- 
ed, upon  every  reasonable  request  and  at  the  costs  and 
charges  of  the  said  G  H,  or  his,  <fcc.  make,  do  and  execute, 
or  cause  to  be  made,  done  and  executed  all  further  and 
other  lawful  and  reasonable  acts,  deeds  and  things,  for  the 
further  and  better  granting  and  demising  of  the  same 
messuage,  tenement  and  premises  unto  the  said  G  H,his 
executors,  administrators  and  assigns  for  anil  during  the 
residue  which  shall  then  be  to  come  of  the  said  first  men- 
tioned term  of  ninety  nine  years.  And  the  said  G  H,  for 
himself,  &c%  [Here  insert  from  G  H  to  E  F  the  like  cov- 
enants as  to  the  quiet  enjoyment  &c.  of  the  last  mentioned 
messuage  &c.  sold  by  lum.]  Provided  always,  neverthe- 
less, and  these  presents  are  upon  this  condition,  and  it  is 
the  irue  intent  and  meaning  of  the  parties  hereunto,  that 
if  it  shall  happen,  that  either  of  the  said  parties  to  these 
presents,  their  executors,  administrators  or  assigns,  shall 
at  any  time  hereafter,  during  the  said  respective  terms 
above  granted,  by  colour  or  means  of  any  former  or  other 
gift,  grant,  bargain  or  sale  or  otherwise  howsoever,  be 
jousted  or  evicted  of  and  from  the  possession  of  either  of 
the  said  messuages  or  tenements,  and  other  the  premises 
so  respectively  granted  in  exchange  as  aforesaid,  or  any 
part  thereof,  then  and  in  such  case,  these  presents,  and 
every  matter  and  thing  therein  contained,  shall  be  utterly 
void,  and  of  none  effect,  and  then  and  thereafter  it  shall 
and  may  be  lawful  to  and  for  the  party  or  parties  so  oust- 
ed or  evicted,  into  his  or  their  said  former  messuage   m 

and  premises,  with  all  and  singular  the  appertenances  to 
re-enter,  and  the  same  to  have  again,  repossess  and  enjoy, 
as  of  his  and  their  former  estate  or  estates  :  any  thing 
herein  contained  to  the  contrary  thereof  in  any  wise  not- 
withstanding.  In  witness,  &c. 


DEEDS. 


103 


DEED3  OF  GIFT. 

A  Gift  of  Lands. 

HP  HIS  Indenture,  made,  <£c.  between  E  F  of  of 

the  one  part,  and  G  H,  son  of  the  said  EF  of  the  otfag 
er  part,  witnesseth  that  the  said  E  F  as  well  for  and  in 
consideration  of  the  natural  love  and  affection  which  he 
the  said  E  F,  hath  and  beareth  unto  the  said  G  H,  as 
also  for  the  better  maintenance,  support  and  livelihood  of 
him  the  said  G  H,  hath  given,  granted,  aliened,  enfeoffed, 
and  confirmed,  and  by  these  presents,  doth  givr,  grant,  al- 
ien, enfeofi'and  confirm,  unto  the  said  G  H,  his  heirs,  and 
assigns,  all  that  messuage*  &c.  Together  with  all  ami 
singular  the  hereditaments  and  appertenances  thereunto 
belonging,  or  in  any  wise  appertaining  ;  and  the  rever- 
sion and  reversions,  remainder  and  remainders,  rents,  is- 
sues and  profits  thereof  and  all  the  estate,  right,  title,  in- 
terest, property,  claim  and  demand  whatsoever  of  him 
the  said  E  F,  of,  in  and  to  the  said  messuage,  tenements 
and  premises,  and  of,  in  and  to  every  pari  and  parcel 
thereof,  with  their  and  every  of  their  appertenances :  To 
have  and  to  hold  the  said  messuage,  tenements,  here- 
ditaments, and  all  and  singular  the  premises  hereby 
granted  and  confirmed,  or  mentioned  or  intended  so  to 
be  with  their  and  every  of  their  appertenances,  onto  the 
said  G  H,  his  heirs  and  assigns,  to  the  only  proper 
use  and  behoof  of  him  the  said  G  H,  his  heirs  and  as- 
signs forever.  And  the  said  E  F,  for  himsc  If,  his  heirs, 
executors  and  administrators,  doth  covenant,  grant  and 
agree  to  and  with  the  said  G  H,his  heirs  and  assigns,  by 
these  presents,  that  he  the  said  G  H,  his  heirs  and  assigns, 
shall  and  lawfully  majv'rom  time  to  time,  and  at  all  times 
hereafter,  peaceably  and  quietly  have,  hold,  use,  occupy, 
possess  and  enjoy  the  said  messuage,  farm,  land-,  tene- 
ments, hereditaments  and  premises  hereby  granted  and 
confirmed,  or  mentioned,  or  intended  to  be  hereby  grant- 
ed and  confirmed,  with  their  and  every  of  their  apperte- 
nances, free,  clear  and  fully  discharged,  or  well  and  suffi- 
ciently saved,  kept  harmless  and  indemnified,  of,  from  and 
against  all  former  and  other  gifts,  grants,  bargains,  sales, 
jointures,  feoffments,  dowers  and  estates,  and  of,  from  and 
against  all  former  and  other  titles,  troubles.,  charges  and 


104 


DEEDS. 


incumbrances  whatsoever,  had,  done,  or  suffered,  or  to  be 
had,  made,  done,  or  suffered  by  him  the  said  E  F,  his 
heirs  or  assigns,  or  any  other  person  or  persons,  lawfully 
claiming  or  to  claim,  by,  from,  or  under  him,  them  or  any 
of  them.    In  witness,  &c. 


DEEDS  OF  PARTITION. 
A  Partition  of  Lands  descended. 

7THHIS  Indenture  made  the   day  of   in  the 

year    Between  A  B,  of,  &c  and  C  his  wife  one 

of  the  daughters  and  heirs  of  D  E  late  of,  &c.  of  the  one 
part  and  F  G,  widow,  sister  of  the  said  C,  another  of  the 
daughters  and  heirs  of  the  said  D  E  of  the  other  part, 
witnesseth,  that  it  is  covenanted,  granted  and  agreed  be- 
tween the  parties,  for  a  partition  to  be  had  and  made  of 
the  inheritance  of  the  lands,  tenements  and  hereditaments, 
which  descended  to  the  said  A  and  F  in  coparcenary  by 
and  after  the  death  of  their  father  the  said  D  E  in  man- 
ner and  form  following.  First,  it  is  covenanted  and  grant- 
ed between  the  said  parties,  and  the  said  F  doth  grant  by 
these  presents,  that  the  said  A  B  and  C  his  wife  in  the 
right  of  the  said  C,  shall  have  for  their  part  and  purpar- 
ty  of  the  aforesaid  lands,  tenements  and  hereditaments, 
all,  &c.  {describing  ike  share)  which  the  said  A  B  and  C 
his  wife,  as  in  the  right  of  the  said  C  shall  have  and  enjoy, 
to  her  and  her  heirs  in  full  recompense  and  allowance  of 
and  for  her  part  and  purparty  that  to  her  belongeth  or 
ought  to  belong  of  all  the  said  lands,  tenements  and  her- 
editaments by  and  after  the  decease  of  the  said  D  E  as 
one  of  his  daughters  and  heirs.  Second,  it  is  in  like  man- 
ner covenanted  ami  granted  between  the  said  parties,  and 
the  said  A  B  and  C  his  wife  doth  grant  by  these  present?, 
that  the  said  F  shall  have  for  her  part  and  purparty  of  the 
aforesaid  lands,  tenements  and  hereditaments,  all,  &c.. 
(describing:  the  share)  which  the  said  F  shall  have  ant! 
enjoy  to  her  and  her  heirs;,  &C.  (as  before.) 
In  witness,  &c. 


DEEDS. 


105 


A  Partition  between  Tenants  in  common. 

r"|pHIS  Indenture  made,  &c.  between  A  h  of,  &c.  of 
X  the  one  part,  and  C  D  of,  &c.  of  the  other  part,  wit- 
nessed, that  whereas  they  the  said  A  B  and  C  D  have 
and  hold  in  common,  and  as  tenants  in  common  in  equal 
parts,  All,  &c.  It  is  covenanted,  granted,  concluded  and 
agreed  by  and  between  the  said  parties,  and  each  of  them 
covenants,  grants,  concludes  and  agrees  for  himself,  his 
heirs  and  assigns,  that  a  partition  of  the  said  lands  and  oth- 
er premises  shall  be  made  between  the  said  parties  to  these 
presents  in  manner  and  form  following,  that  is  to  say  : 

First,  the  said  A  B  shall  from  henceforth,  have,  hold, 
possess  and  enjoy  in  severalty  by  himself,  and  to  him  and 
liis  heirs  and  assigns,  for  his  half  part  purparty,  share  and 
proportion  of  the  said  lands  and  premises,  All,  &c.  To- 
gether with  all  and  singular  the  hereditaments  and  apper* 
tenances  thereunto  belonging,  and  the  reversion  and  re- 
versions, remainder  and  remainders,  rents,  issues  and  prof- 
its thereof. 

And  the  said  C  D  doth  accordingly  gi'~e,  grant,  re- 
lease and  confirm  unto  the  said  A  B,  his  heirs  and  ;  ssignsx 
the  lands  and  premises  so  as  aforesaid  set  apart  to  the  said 
A  B,  as  and  for  his  part  and  share  aforesaid  :  and  more- 
over the  saidC  D,  for  himself,  his  heirs,  executors  and  ad- 
ministrators, doth  hereby  covenant  to  and  with  the  said 
A  15,  his  heirs  and  assigns,  that  he  the  said  A  B,  his  heirs 
and  assigns,  shall  and  mny  from  time  to  time,  a. id  at  all 
limes  hereafter,  well  and  peaceably  have,  hold,  possess  and 
enjoy  the  lands  and  premises  hereinbefore  assigned  and 
conveyed  to  the  said  A  B,  for  his  part  and  share  r.s  afore- 
said, free,  clear  and  discharged  of  and  from  all  estates, 
rights,  lilies,  interests,  charges  and  incumbrances  whatso- 
ever, had,  made,  caused  or  suffered,  or  to  be  made,  caused 
or  suffered,  of  or  by  the  said  C  D,  or  any  person  claiming  or 
to  claim,  by,  from  or  under  him,  and  without  any  let, 
trouble,  suit,  entry,  disturbance  or  interruption  of  the  said 
C  D,  his  heirs  or  assigns,  or  of  any  person  or  persons  law- 
fully claiming  or  to  claim,  by,  from  or  under  him,  them  or 
any  of  them. 

Second,  the  said  C  D  shall  from  henceforth  have,  hold, 
possess  and  enjoy  in  severalty  by  himself,  Sic.  (proceed  to 
set  out  his  share  as  above,  and  add  the  covenants.) 
In  witness,  Sic. 

#■ 


106  DEEDS. 

DEEDS  OF  SURRENDER. 

Surrender  of  a  term  of  years  to  the  person 
having  the  Reversion. 

THIS  Indenture  made  the  day  of  between 
A  B  of  &c.  of  the  one  part,  and  C  D,  &c.  of  the  other 
part.  Whereas  the  said  C  D,  by  his  indenture  of  lease 
bearing  date,  &c.  did  demise,  set,  and  to  farm  let,  &c.  (re- 
citing the  property  and  the  term  as  in  the  lease.)  Now 

these  presents  witness,  that  for  and  in  consideration  of  

to  the  said  A  B  in  hand  paid,  at  the  sealing  and  delivery 
of  these  presents  by  the  said  C  D,  and  to  the  intent  and 
purpose  that  the  said  term  in  the  said  lands  and  premises, 
may  be  wholly  merged  and  extinguished,  he  the  said  A  B 
hath  given,  granted  and  surrendered,  and  by  these  presents 
doth  give,  grant  and  surrender  ^  unto  the  said  C  D,  and  his 
heirs,  all  the  said  lands  and  premises  in  the  said  indenture 
of  lease  contained  and  demised  as  aforesaid,  and  all  the 
estate,  right,  title,  interest,  term  of  years,  property,  claim 
and  demand  whatsoever  of  him  the  said  A  B,  of,  in,  to,  or 
out  of  the  same  or  any  part  or  parcel  thereof: — To  have 
and  to  hold  the  said  lands  and  premises,  to  the  said  C  D, 
his  heirs  and  assigns,  and  to  his  and  their  only  proper  use 
and  behoof. 

And  the  said  A  B,  doth  hereby  for  himself,  his  heirs,  ex- 
ecutors and  administrators,  covenant  and  agree  to  and  with 
the  said  C  D,  his  heirs  and  assigns,  that  he  the  said  A  B 
hath  not  at  any  time  heretofore  made,  done,  committed, 
executed,  permitted  or  suffered  any  act,  deed,  matter  or 
thing  whatsoever,  whereby  or  wherewith  or  by  reason  or 
means  whereof  the  said  lands  and  premises  hereby  assigned 
or  surrendered  or  any  part  or  parcel  thereof,  are,  or  is,  or 
may,  can  or  shall  be  any  ways  impeached,  charged,  affect- 
ed or  incumbered.    In  witness,  &c. 

Surrender  of  a  Lease  by  Indorsement. 

7  HERE  AS  the  within  named  A  B  hath  lately  sold 
the  freehold  and  inheritance  of  the  land  and  prem- 
ises by  the  within  Indenture,  demised  to  C  D,  and  the 
same  have  been  conveyed  to  him  the  said  C  D,  his  heirs 
and  assigns  ferever  : — Nowr  know  all  men  by  these  pres-^ 


■ 


DEEDS. 


107 


ents  that  iu  consideration  of  to  the  within  named  E  F 

by  ihe  said  C  D  in  hand  paid  at  the  sealing  and  delivery 
of  these  presenls,  he  the  said  E  F,  at  the  request  and  de- 
sire, and  upon  the  acceptance  of  the  saidC  D,hath  bargain- 
ed, sold,  surrendered,  yielded  and  given  up,  and  by  these 
presents  doth  bargain,  sell,  surrender,  yield  and  give  up  un- 
to the  said  C  D  and  his  heirs, all  and  singular,  the  lands  and 
premises  by  the  within  written  indenture  demised  or  men- 
tioned, or  intended  so  to  be  ;  and  all  the  estate,  right,  title, 
interest,  term  of  years,  property,  claim,  and  demand,  of  him 
the  said  E  F  of,  in,  or  to  the  same  or  any  part  or  parcel 
thereof,  to  the  end  and  intent  that  the  residue  and  remain- 
der of  the  within  mentioned  term  may  become  and  be  merg- 
ed and  extinguished  in  the  estate  of  freehold  vested  in  the 
said  C  D,  of  and  in  the  said  lands  and  premises. — And  the 
said  E  F  doth  hereby  &c.  {Covenant  as  before.) 
In  witness,  &c. 


Surrender  of  a  Lease,  to  the  Lessor  by 
Indorsement. 

KNOW  all  men  by  these  presents  that  I  the  within 
named  A  B,  in  consideration  of  to  me  in  hand 

paid,  at  and  before  the  ensealing  and  delivery  of  these 
presents,  do  for  me,  my  executors  and  administrators,  bar- 
gain, sell,  surrender  and  yield  up  from  the  day  of  the  date 
hereof,  unto  the  within  named  C  D,  and  his  heirs  (or  his 
executors  and  administrators)  as  well  the  within  Indenture 
©f  lease  as  the  lands  and  premises  therein  mentioned  and 
the  term  of  years  therein  yet  to  come,  with  all  my  right, 
title  and  interest  thereto,  and  that  free  and  clear  of  all  in- 
cumbrances of  what  kind  soever  at  any  time,  by  me  or  by 
my  privity,  consent  or  procurement,  done,  committed  01 
suffered.    In  witness,  &c. 


108 


DEEDS. 


DEEDS  OP  RELEASE. 

Release  by  a  Mortgagee  to  the  Mortgagor,  of 
part  of  the  mortgaged  lands,  part  of  the  mo- 
ne?j  being  paid. 

THIS  Indenture  made  this  day  of  between 
A  B  of,  &c.  and  C  D  of,  &c.    Whereas  the  said  C  D 

by  his  Indenture  of  mortgage  bearing  date  the  day  of 

 did  for  the  consideration  therein  specified  and  for  se- 
curing the  payment  of  the  monies  therein  mentioned,  con- 
vey to  the  said  A  B  certain  lands  situate  at  and 

of  which  the  lands  hereinafter  contained  are  part  and 
parcel.    And  whereas  the  said  C  D,  hath  on  the  day  of 

the  date  hereof  paid  unto  the  said  A  B,  the  sum  of  

part  of  the  monies  so  intended  to  be  secured,  and  all  inter- 
est due  and  owing  for  the  whole  principal  money,  so  that 
there  is  due  to  the  said  A  B  upon  the  said  security  the  sum 

of  principal  money,  and  no  more.    And  whereas  the 

said  A  B  at  the  desire  and  request  of  the  said  C  D,  hath 
agreed  to  surrender  and  release  to  the  said  C  D,  his  heirs 
and  assigns,  the  lauds  hereinafter  described,  and  to  accept 
and  take  the  residue  of  the  mortgaged  lands  as  his  security 
for  the  sum  remaining  due  as  aforesaid,  and  the  interest 
thereof.  Now  these  presents  witness  that  the  said  A  B  in 
pursuance  of  the  said  agreement,  and  in  consideration  of 
one  doilar  to  him  in  hand  paid  at  and  before  the  ensealing 
and  delivery  of  these  presents  by  the  said  C  D,  hath  grant- 
ed, released,  assigned,  and  made  over,  and  by  these  pres- 
ents doth  grant,  release,  assign  and  make  over  to  the  said 
C  D,  and  to  his  heirs  and  assigns  all  the  part  of  the  said 
mortgaged  lands,  described  and  bounded  as  follows,  that  is 
to  say,  &c.  with  the  hereditaments  and  appertenances  to 
the  same  belonging,  and  all  the  right,  title  and  interest  of 
the  said  A  B,  of,  in  or  to  the  same,  to  the  intent  that  the 
lands  aforesaid  and  hereby  conveyed  may  be  discharged 
from  the  said  mortgage  so  that  the  rest  of  the  lands  in  the 
said  mortgage  specified  may  remain  to  the  said  A  B  as 
heretofore.  To  have  and  to  hold  the  lands  and  premises 
hereby  released  and  conveyed  to  the  said  C  D,  his  heirs  and 
assigns,  to  his  and  their  only  proper  use  and  behoof  for- 
ever.   In  witness,  &c. 


DEEDS.  109 

% 

Release  of  Bower. 

TO  all  to  whom  these  presents  shall  come,  A  B  of,  &c. 
relict  of  B  B  late  of,  Sec.  send  greeting  :  Know  ye, 

that  the  said  A  B,  for  and  in  consideration  of  to  her 

in  hand  paid  at  or  before  the  ensealing  and  delivery  of 
these  presents,  by  her  son  C  B  of,  &c.  hath  granted,  remis- 
ed, released  and  forever  quit-claimed,  and  by  these  pres- 
ents doth  grant,  remise,  release  and  forever  quit-claim 
unto  the  said  C  B,  his  heirs  and  assigns  forever,  all  the 
dower  and  tlnrds,  right  and  title  of  dower  and  thirds,  and 
all  other  right,  title,  interest,  property,  claim  and  demand 
whatsoever,  in  law  and  equity  of  her  the  said  A  B,  of, 
in  and  to  (a  certain  parcel  of  land,  &c.  crjfthe  release  is 
intended  to  be  a  general  one  say)  all  and  every  the  mes- 
suages, lauds,  tenements  and  real  estate  whereof  the  said 
B  B  died  seized  or  possessed,  or-  whereof  he  was  seized 
or  possessed,  at  the  time  of  his  intermarriage  with  the  said 
A  B,  or  at  any  time  since,  wheresoever  the  same  may  lie 
and  be  situate  so  that  she  the  said  A  B,  her  heirs,  execu- 
tors, administrators  or  assigns,  nor  any  other  person  or 
persons,  for  her,  them,  or  any  of  them,  have,  claim,  chal- 
lenge or  demand,  or  pretend  to  have,  claim,  challenge  or 
demand  any  dower  or  thirds,  or  any  other  right,  title, 
claim  or  demand,  of,  in  or  to  the  same,  or  any  part  or  par- 
cel thereof,  In  whosesoever  hands,  seisen  or  possession, 
the  same  may  or  can  be,  but  thereof  and  therefrom  shall 
be  utterly  barred  and  excluded  forever  by  these  presents. 
In  witness,  &c. 

Release  of  Dower  by  indorsement  on  a  Deed. 

KNOW  all  men  by  these  presents,  that  A  B  the  widow 
and  relict  of  the  within  named  C  13  lately  deceased, 
in  consideration  of  the  sum  of  ten  dollars,  to  her  in  hand 
paid  by  the  within  named  E  F,  of,  he.  at  or  before  the 
execution  of  these  presents,  the  receipt  whereof,  &c. 
and  for  divers  other  good  causes  and  considerations,  her 
thereunto  moving,  hath  remised,  released,  and  forever 
quit-claimed,  and  by  these  presents  doth,  for  herself,  her 
heirs,  executors  and  administrators,  remise,  release  and 
forever  quit-claim  unto  the  said  E  F,  his  heirs  and  as- 
signs, all  the  dower,  and  right,  and  title  of  dowtr,  and  all 
K 


no 


DEEDS. 


other  the  estate,  right,  title,  interest,  claim  and  demand 
whatsoever,  both  at  law  and  in  equity,  of  her  the  said  A 
B  which  she  now  hath,  or  which  she,  her  heirs,  execu- 
tors or  administrators,  can  or  may  at  any  time  hereafter 
have,  claim  or  demand  of,  in,  to  or  out  of  all  and  singu- 
lar the  said  lands  and  premises,  by  the  within  indenture 
conveyed,  or  mentioned,  or  intended  so  to  be,  or  their  ap- 
pertenances,  or  any  part  thereof,  so  that  she  the  said  A  B, 
her  heirs,  executors  and  administrators,  or  any  of  them 
shall  not,  nor  will,  at  any  time  hereafter,  have,  claim  or 
pretend  to  any  such  dower,  or  right  or  title  of  dower,  or 
other  estate,  right,  title,  interest,  pretence,  claim  or  de- 
mand, as  aforesaid,  of,  in,  to  or  out  of  the  said  premises,  or 
any  part  thereof,  with  their  appertenances,  but  of,  and  from 
the  same,  and  every  part  thereof,  shall  and  will  be  from 
henceforth  utterly  debarred  and  excluded  forever,  by 
t  hese  presents.    In  witness,  &c. 


Release  from  a  Mortgagor  to  the  Mortgagee 
in  fee,  in  consideration  of  the  money  due  on 
the  mortgage. 

THIS  Indenture  made  &c.  between  O  \V  of  &c.  of 
the  first  part,  and  I  D,  of  &c.  of  the  second  part. 
Whereas  by  a  certain  indenture  of  mortgage  bearing 
date  the  day  of  the  saidO  W  for  the  consider- 
ation therein  specified,  and  also  for  securing  the  payment 
of  the  monies  therein  mentioned,  did  bargain  and  sell  to 
the  said  I  D,  and  to  his  heirs  and  assigns,  All  that  cer- 
tain piece,  parcel  or  lot  of  land  and  premises  herein  after 
mentioned,  subject  to  a  proviso  in  the  said  indenture  of 
mortgage  contained,  for  redemption  of  the  said  land  and 
premises,  on  payment  of  the  sum  of  —  dollars  with  the 
interest  thereof,  by  the  said  O  W,  his  heirs,  executors  or 
administrators,  unto  the  said  I  D,  his  executors,  adminis- 
trators or  assigns,  on  or  before  the  ■  day  of  as  by 

the  said  in  part  recited  indenture,  relation  being  there- 
unto had  may  more  at  large  appear.  And  whereas  the 
said  I  D,hath  contracted  and  agreed  with  the  said  O  W, 
for  the  absolute  purchase  of  the  said  mortgaged  lands  and 
premises  with  thf  appertenances,  and  all  his  the  said  0 


DEEDS 


Hi 


W's  right,  title,  claim,  interest  and  equity  of  redemption 
of.  in  and  to  the  said  land  and  premises  for  the  sum  of— — 
dollars,  which  is  the  sum  now  due  and  owing  on  the  a- 
foresaid  mortgage :  And  it  hath  thereupon  been  agreed 
by  and  between  the  said  O  W  and  I  D,  that  in  considera- 
tion of  the  said  sum  of  dollars,  due  and  owing  on  the 

aforesaid  mortgage,  he  the  said  O  W  should  grant,  re- 
lease, and  absolutely  convey  the  said  lot  of  land  and 
premises,  and  that  the  said  I  D  should  release,  acquit  and 
discharge  the  said  O  W,  his  executors  and  administrators 
of  and  from  the  payment  of  all  and  every  part  of  the  said 
sum  of  dollars  and  the  interest  thereof,  due  and  ow- 
ing on  the  said  mortgage  as  aforesaid.    N©w  this  in- 
denture witnesseth,  that  in  pursuance  and  performance 
of  the  said  recited  agreements,  and  for,  and  in  considera- 
tion of  the  said  sum  of  — —  dollars  so  due  and  owing  to 
the  said  I  D  on  the  said  in  part  recited  mortgage,  and 
security  as  aforesaid,  and  in  full  discharge  and  satisfaction, 
of  the  same,  and  for  the  further  consideration  of  five  dol- 
lars, lawful  money  as  aforesaid,  to  the  said  O  W,  in  hand 
paid  by  the  said  I  D,  at  or  before  the  ensealing  and  de- 
livery of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged,  and  the  said  I  B,  thereof  and  therefrom 
released  and  discharged,  he  the  said  O  W,  hath  granted, 
bargained,  sold,  aliened,  released,  conveyed  and  confirm- 
ed, and  by  these  presents  doth  absolutely  grant,  bargain, 
sell,  alien,  release,  convey  and  confirm  unto  the  said  1  D, 
and  to  his  heirs  and  assigns,  ALL  that,  &c.  TOGETH- 
ER with  all  and  singular  the  appertenances,  privileges, 
advantages,  and  hereditaments  whatsoever  unto  the  said 
premises  in  any  wise  appertaining  or  belonging  ;  and  the 
reversion   and    reversions,   remainder  and  remainders, 
rents,  issues  and  profit  thereof,  AND  ALSO  all  the  estate, 
right,  title,  interest,  claim  and  demand  whatsoever,  as  well 
in  law  as  in  equity,  of  him  the  said  O  W,  of,  in  or  to  the 
said  premises,  hereby  granted  and  released,  or  mentioned 
and  intended  so  to  be,  and  everv  part  and  parcel  thereof, 
with  the  appertenances  ;  TO  HAVE  AND  TO  HOLD 
the  said  granted  and  bargained  premises,  with  their  and 
every  of  their  appertenances  unto  the  said  I  D,  his  heirs 
and  assigns,  To  and  for  the  only  proper  use  and  behoof 
of  him  the  said  I  D,  his  heirs   and  assigns  forever: 
FREED,  and  absolutely  discharged  of,  and  from  all  right 


112 


DEEDS. 


and  equity  of  redemption  ;  and  the  said  0  W  for  him- 
self, his  heirs,  executors  and  administrators,  doth  cov- 
enant, grant,  promise  and  agree,  to  and  with  the  said 
I  D,  his  heirs  and  assigns,  that  he  the  said  O  W,  at  the 
time  of  the  sealing  and  delivery  of  these  presents,  hath, 
in  himself,  good  right,  full  power  and  lawful  and  absolute 
authority  to  grant,  release  and  convey  the  said  premises 
herein  before  granted  and  released,  or  mentioned,  or  in- 
tended so  to  be,  with  their  appertenances,  unto  the  said  I 
D,  his  heirs  and  assigns  to  his  and  their  use  in  manner  a- 
foresaid  ;  and  that  the  said  I  D,  his  heirs  and  assigns 
shall  and  may,  at  all  times  hereafter,  peaceably  and  quiet- 
ly, enter  into,  have,  hold,  occupy  and  enjoy  the  above 
granted  and  released  premises,  and  every  part  thereof,  with 
the  appertenances,  without  any  let,  suit,  trouble,  molesta- 
tion, eviction  or  disturbance  of  the  said  O  W,  his  heirs 
or  assigns,  or  of  any  other  person  lawfully  claiming  or 
to  claim  any  estate,  right,  title  or  interest  at  law  or  in  e- 
quity  cf,  in  or  to  the  said  premises,  by,  from,  or  under 
him,  or  them,  or  any  of  them:  And  that  free,  clear,  dis- 
charged and  unincumbered,  of,  and  from  all  former  and 
other  titles,  charges,  estates,  and  incumbrances,  of  what 
nature  or  kind  soever,  had,  made,  done,  committed,  oc- 
casioned, or  suffered,  or  to  be  had,  made,  done,  commit- 
ted, occasioned,  or  suffered  by  the  said  O  W,  his  heirs 
and  assigns  or  by  any  other  person  or  persons  whomsoev- 
er, any  thing  having  or  claiming  in  the  said  premises. 
AND  also  the  said  O  W,  and  his  heirs,  and  all  and  every 
other  person  or  persons  w  homsoever,  lawfully  or  equitably 
deriving  any  estate,  right,  title,  or  interest,  of,  in,  or  to  the 
herein  before  granted  and  released  premises,  or  any  part 
thereof,  from,  by,  under  or  in  trust  for  him,  them,  or  any 
of  them,  shall  and  will,  from  time  to  time,  and  at  all  times 
hereafter,  upon  the  reasonable  request,  and  at  the  proper 
costs  and  charges,  in  the  law,  of  the  said  I  D,  his  heirs  and 
assigns,  make,  do,  and  execute,  or  cause  or  procure  to  be 
made,  done  and  executed,  all  and  every  such  further  and 
other  lawful  and  reasonable  acts,  deeds,  conveyances  and 
assurances  in  the  law,  for  the  further,  better,  more  abso- 
lutely, and  effectually  vesting  and  confirming  the  premises 
hereby  intended  t©  be  granted  and  released,  with  the  ap- 
pertenances, in  and  to  the  said  I  D,  his  heirs  and  assigns 
forever,  as  by  the  said  I  D,  his  heirs  or  assigns,  or  his 


GIFTS  AND  GRANTS. 


113 


or  their  counsel,  learned  in  the  law,  shall  be  reasonably 
devised,  advised  or  required.  And  also  that  the  said  O 
W,  and  his  heirs  the  above  described  and  hereby  grant- 
ed and  released  premises,  and  every  part  thereof,  with 
the  appertenances  unto  the  said  I  D,  his  heirs  and  as- 
signs, against  the  said  O  W,  and  his  heirs,  and  against 
all  persons  whomsoever  shall  and  will  WARRANT  and 
by  these  presents  forever  DEFEND. — In  witness,  £c. 


GIFTS  AND  GRANTS, 


PRACTICAL  REMARKS. 


A  deed  of  gift,  is  properly  applied  to  the  creation  of  an 
estate  in  tail  ;  but  as  understood  generally,  it  is  a  dona- 
tion, or  a  conveyance  of  property,  without  any  money  con- 
sideration. 

Generally  speaking,  some  consideration  is  necessary, 
to  give  effect  to  the  deed;  this  consideration  may  be  val- 
uable, as  money,  or  °;ood,  as  of  blood. 

In  the  common  conveyancing  of  the  country,  a  deed, 
with  the  lalter  consideration,  is  called  by  lawyers,  a  cov- 
enant to  stand  seized  to  uses.  In  form,  it  differs  but 
little  from  the  bargin  and  sale,  or  the  deed  with  cove- 
nants. 

Under  the  present  head  will  be  given,  a  few  forms  of 
gifts,  of  personal  property.  The  form  of  a  gift  of  real 
property,  will  be  found  underthe  head  of  deeds. 

A  grant  in  conveyancing,  is  a  deed  by  which  certain 
rights  issuing  out  of,  or  attached  to  real  estates,  are  cre- 
ated or  transferred;  such  as  annuities. 

Any  license,  however,  in  writing,  may  be  termed  a 
grant. 


A  Deed  of  a  personal  estate. 

KNOW  all  men  by  these  presents,  That  I,  A  B  of,  &c. 
.  in  consideration  of  the  natural  love  and  affection 
which  I  have  and  bear  for  my  sister  C  B5  and  also  for  tli- 
K  2 


114 


GIFTS  AND  GRANTS. 


vers  other  good  causes  and  considerations,  me  the  said 
A  B  hereunto  moving,  Have  given,  granted  and  conG rul- 
ed, and  by  these  presents  Do  give,  grant  and  confirm  unto 
the  said  C  B  all  and  singular  my  goods,  chattels,  leases 
and  personal  estate  whatsoever,  in  whose  hands,  custody 
or  possession  soever  they  be  ;  To  have,  hold  and  enjoy  all 
and  singular  the  said  goods,  chattels  and  personal  estate 
aforesaid,  unto  the  said  C  B,  her  executors,  administra- 
tors and  assigns,  to  the  only  proper  use  and  behoof  of  the 
said  C  B,  her  executors,  administrators  and  assigns  for- 
ever. And  I  the  said  A  B  all  and  singular  the  said  goods, 
ch  tt  Is,  personal  estate  and  other  the  premises  to  the 
said  C  B,  her  executors,  administrators  and  assigns,  a- 
gainst  me  the  said  A  B,  my  executors  and  administrators 
and  all  and  every  other  person  and  persons  whatsoever, 
shall  and  will  warrant,  and  forever  defend  by  these  pres- 
ents ;  of  all  and  singular  which  said  goods,  chattels,  per- 
sonal estate  and  other  the  premises,  I  the  said  A  B  have 
put  the  said  C  B  in  full  possession  by  delivering  to  her 
one  pewter  dish,  at  the  time  of  the  sealing  and  delivery 
of  these  presents,  in  the  name  of  the  whole  premises  here- 
by granted.    In  witness,  &c. 

Deed  of  gift  by  a  father  to  a  son  of  his  personal 
property.  The  son  to  pay  his  father's  debts, 
and  to  allow  him  an  annual  sum  ;  on  default 
of  payment  the  father  to  re-enter,  §*c. 

THIS  indenture  made  the  &c.  Between  A  B  of,  &c. 
of  the  one  part,  and  C  B  of  &c.  of  the  other  part. 
Whereas  the  said  A  B.  being  the  father  of  the  said  C 
Bby  reason  of  his  age  and  infirmities,  is  not  capable  of 
attending  to  his  estate  and  affairs  as  formerly,  and  has 
therefore  agreed  for  advancement  of  the  said  C  B,  to 
make  over  his  property  to  the  said  C  B,  so  that  the  said 
C  B  should  «iay  the  debts  of  the  said  A  B,  and  afford  him 
a  maintenance  as  is  hereinafter  mentioned  ;  Now  this  in 
denture  witnesseth,  that  the  said  A  B,  in  order  to  carry 
the  said  isrre^ment  into  effect,  and  in  consideration  of  the 
nat'iri1  love  and  affection  which  he  hath  for  and  towards 
his  son  the  said  C  B,  and  of  the  provisoes,  covenants  and 


GIFTS  AND  GRANTS. 


115 


agreements  hereinafter  mentioned  by  the  said  G  B,  to  be 
observed  and  performed,  hath  given,  granted,  bargained* 
sold  and  assigned,  and  by  these  presents,  doth  give,  grant, 
bargain,  sell  and  assign  unto  the  said  C  B,  his  executors, 
administrators  and  assigns,  all  and  singular  his  household 
goods,  implements  of  household,  stock  in  trade,  debts, 
rights,  credits  and  personal  estate  whereof  he  is  now  pos- 
sessed, or  anyways  interested  in  or  entitled  unto,  of  what 
nature  or  kind  soever  the  same  are,  or  wheresoever  or  in 
whosesoever  hands  they  be  or  may  be  found,  with  their 
and  every  of  their  rights,  members  and  appertenances  ; 
To  have  and  to  hold  the  said  goods,  household  sluff, 
stock  in  trade,  debts,  rights  and  personal  estate,  and  oth- 
er the  premises  unto  the  said  C  B,  his  executors,  admin- 
istrators and  assigns  forever,  without  rendering  any  ac- 
count or  being  therefor  in  any  wise  accountable  to  the 
said  A  B,  his  heirs,  executors  or  administrators  for  the 
same. 

And  the  said  C  B,  for  himself,  his  heirs,  executors  and 
administrators  doth  covenant,  promise,  grant  and  agree  to 
and  with  the  said  A  B,  his  executors,  administrators  and 
assigns  in  manner  and  form  following,  that  is  to  say  :  that 
he  the  said  C  B,  his  heirs,  executors  and  adminstrators, 
shall  and  will  settle,  pay,  discharge  and  satisfy,  or  cause 
to  be  settled,  paid,  discharged  and  satisfied,  all  accounts, 
debts,  judgments  and  demands  of  every  nature  and  kind 
whatsoever,  now  outstanding,  against,  or  now  due,  from, 
or  payable  by  the  said  A  B,  or  for  the  payment  of  w  hich 
the  said  A  B  shall  be  liable  or  be  held  liable,  either  at 
law  or  in  equity,  on  account  of  any  matter,  cause  or  thing 
heretofore  had,  suffered,  done  or  performed,  and  at  all 
times  hereafter  free,  discharge,  atd  keep  harmless  and 
indemnified  the  said  A  B,  his  heirs,  executors  and  ad- 
ministrators from  all  and  every  such  accounts,  debts, 
judgments  and  demands,  and  from  all  actions,  suits  and 
damages,  that  may  to  him  or  them  arise,  by  reason  of 
the  nonpayment  thereof:  and  moreover  that  he  the 
said  C  B,  his  heirs,  executors  and  administrators  shall 
and  will  yearly,  and  every  year  during  the  term  of  the 
natural  life  of  the  said  A  B,  by  four  equal  quarterly  pay- 
ments, the  first  to  begin  on  the    day  of  next, 

well  and  truly  pay,  or  cause  to  be  paid  to  the  said  A  B, 
or  his  assigns,  the  sum  of  — —  for  or  towards  his  support 


GIFTS  AFD  GRANTS. 


or  maintenance,  or  find  and  provide  for  him  sufficient 
meat,  drink,  washing,  lodging,  apparel  and  attendance, 
suitable  to  his  state  and  situation  at  the  choice  and  elec- 
tion, from  time  to  time  of  the  said  A  B. 

Provided  always  and  upon  this  condition,  and  it  is  the 
true  intent  and  meaning  of  these  presents  that  if  the  said 
C  B,  his  heirs,  executors  or  administrator?,  shall  neglect  or 
refuse  to  pay  the  said  accounts,  debts,  judgments,  and  de- 
mands according  to  his  covenant  aforesaid,  or  shall  suffer 
the  said  A  B  to  be  put  to  any  cost,  charge,  trouble,  or  ex- 
pense, on  account  of  the  same,  or  shall  neglect  or  refuse 
to  pay  the  said  annual  sum  in  manner  aforesaid,  or  to  find 
and  provide  for  the  said  A  B  as  aforesaid,  that  then,  in  all, 
anv,or  either  of  the  cases  aforesaid,  it  shall  and  may  be 
lawful  to  and  for  the  said  A  B,  all  and  singular  the  premi- 
ses hereby  granted  to  take,  re-possess  and  enjoy,  as  in  his 
former  estate.    In  witness,  &c. 


Deed  of  Gift  of  Goods  to  be  used  by  the  Giver 
during  Life. 

KNOW  all  men  by  these  presents  that  I,  M  B  of 
—  in  consideration  of  the  natural  love  and  affec- 
tion which  I  have  and  bear  to  my  nephew  F  S  of  and 

fgr  and  towards  the  better  support  and  maintenance  of  him 
after  my  decease,  and  for  divers  other  good  causes,  and 
valuable  considerations  me  thereunto  especially  moving, 
have  given,  granted  and  sold,  and  by  these  presents  do 
give,  grant  and  sell  unto  the  said  F  S,  all  arwl  singular  my 
goods  and  chattels  whatsoever  and  wheresoever,  and  of 
w  hat  nature,  sort  or  kind  soever ;  To  have  and  to  hold 
the  said  goods  and  chattels  hereby  granted,  bargained  and 
sold,  and  every  part  and  parcel  thereof,  unto  the  said  F 
S,  his  executors,  administrators  and  assigns,  as  his  and 
their  own  proper  goods,  chattels  and  effects,  from  hence- 
forth forever :  Provided  always,  and  these  presets  are  up- 
on this  special  trust  and  confidence,  and  upon  this  ex- 
press condition,  that  he  the  said  F  S,  his  executors,  ad- 
ministrators and  assigns,  shall  and  do  permit  and  suffer 
me  the  said  MB, to  use,  keep  and  enjoy  all  and  singular 
the  said  goods  and  chattels  (or  if  a  part  specify  '} 
during  my  natural  life  without  paying  or  yielding  any 


GIFTS  AND  GRANTS. 


117 


thing  for  the  same,  or  in  respect  thereof  and  not  other- 
wise :  and  that  from  and  after  my  decease  he  the  said 
F  S,  his  executors,  administrators  or  assigns,  shall  or  law- 
fully may  have,  hold,  and  enjoy  the  same  and  every  part 
and  parcel  thereof,  and  dispose  thereof,  and  convert  the 
same  to  his  and  their  own  proper  use  and  behoof,  as  he  or 
they  shall  think  fit.    In  witness,  &c. 


A  Grant  of  an  Annuity  by  Indenture. 

THIS  Indenturre  made,  &c.  between  A  B  of  of 
the  one  part,  and  C  D  of  of  the  other  part,  wit- 

nesseth.  That  the  said  A  B,  for  and  in  consideration  of  the 
snmof  ■*  to  him  in  hand  well  and  truly  paid  by  the  said 
C  D,  at  or  before  the  sealing  and  delivery  of  these  presents, 
the  receipt  whereof  the  said  A  B,  doth  hereby  acknow- 
ledge, hath  given,  granted  and  confirmed,  and  by  these 
presents  doth  give,  grant  and  confirm  unlo  the  said  C  D 

and  his  assigns,  one  annuity  of  to  be  received,  taken, 

had,  and  to  be  issuing  out  of  all  that  messuage,  &c.  with 
all  and  singular  the  appertenances  thereunto  belonging, 
and  every  part  and  parcel  thereof,  unto  the  said  0  D,  and 
his  assigns,  for  and  during  the  natural  life  of  him  the  said 

C  D  payable  and  to  be  paid  at  and  upon  yearly  by 

even  and  equal  portions  ;  the  first  payment  to  begin  and 

be  made  at  or  upon  .    And  if  it  shall  happen  that  the 

?aid  annuity  of  or  any  part  thereof  be  behind  or  un- 
paid, in  part  or  in  all,  by  the  space  of  twenty-one  days  next 
after  either  of  the  said  days  or  times  of  payment  thereof, 
whereupon  the  same  should  or  ought  to  be  paid  as  afore- 
said ;  that  then,  and  so  often,  and  at  any  time  thereafter, 
it  shall  and  may  be  lawful  to  and  for  the  said  C  D  and  his 
assigns,  into  and  upon  the  said  messuage  and  premises 
above  mentioned,  or  any  part  thereof,  to  enter  and  distrain, 
and  the  distress  and  distresses  then  and  there  found,  to 
take,  lead,  drive,  carry  away  and  impound,  and  the  same 
impound  to  take,  hold  and  keep,  until  the  said  annuity  and 
the  arrears  thereof  (if  any  shall  be)  together  with  all  costs 
and  charges  thereabout,  or  concerning  the  same,  shall  be 
fully  pfcid  and  satisfied.  And  the  said  A  B,  for  himself, 
his  heirs,  executors  and  administrators,  doth  covenant, 
grant  and  agree,  to  and  with  the  said  C  D,  his  executors* 
administrators  and  assigns,  that  he  the  said  A  B,  his  heirs, 


118 


LEASES. 


executors  or  administrators,  shall  and  will  well  and  truly 
pay  or  cause  to  he  paid  unto  the  said  C  D,  his  executors, 
administrators  or  assigns,  the  said  annuity  or  yearly  rent, 
charge,  &c.  above,  at  the  days  and  time,  and  in  manner 
and  form,  as  above  expressed  and  limited  for  payment  there- 
of, according  to  the  (rue  intent  and  meaning  of  these  pres- 
ents. And  al?o  that  the  said  messuage,  &c.  above  men- 
tioned to  be  charged  or  chargeable  with  the  said  annuity 
hereby  granted  shall  from  time  to  time  be  and  continue 
over,  and  sufficient  for  the  payment  of  the  said  annuity  of 
 yearly,  during  the  life  of  the  said  C  D.  In  witness,  &c. 


LEASES. 
PRACTICAL  REMARKS. 

A  lease  is  a  conveyance  of  lands,  providing  for  an  an- 
nual recompense. 

It  may  i.e  for  life,  for  years,  or  at  will ;  but  always  mast 
be  for  a  less  time  than  the  lessor  has  in  the  premises. 

If  the  conveyance  is  made  for  the  whole  interest  of  the 
grantor,  it  is  more  properly  an  assignment,  or  a  bargain  and 
sale,  than  a  lease,  although  a  rent  is  reserved. 

This  distinction  i3  perhaps  not  otherwise  material,  than 
that  in  the  case  of  a  lease,  properly  so  called,  the  lessor 
may  distrain  of  common  right,  and  without  a  power  for  such 
purpose  in  the  lease  ;  whereas  in  the  other  cases,  it  is  ne- 
cessary to  have  a  clause  or  covenant  of  distress. 

Thus  in  what  are  called  durable  leases,  which  are  in  fact 
conveyances  of  the  fee,  if  a  rent  is  made  payable,  it  is  not 
a  charge  on  the  land,  warranting  a  distress,  without  a  clause 
for  such  purpose. 

All  leases  not  in  writing,  and  signed  by  the  lessor,  have 
only  the  effect  of  leases  at  will,  except  leases  not  exceed- 
ing the  term  of  three  years,  with  a  rent  amounting  at  least 
to  two  thirds  of  the  annual  improved  value. 

Any  words  sufficient  to  explain  the  intent  of  the  parties, 
that  the  one  shall  give  up  the  possession,  and  the  other 
come  into  it  for  a  determinate  time,  will  in  construction  of 
law  amount  to  a  lease. 


LEASES. 


119 


Unless  indeed  it  appears  from  the  instrument,  that  it  is 
only  preparatory  t«  a  future  lease. 

In  leases  it  is  common  to  insert  a  clause  of  re-entry  for 
non-payment  of  the  rent,  but  such  re-entry  to  be  good  in 
law  is  attended  with  much  difficulty  :  thus — 

There  must  be  a  demand  of  the  rent.  It  must  be  made 
on  the  day  when  the  rent  is  payable,  to  save  the  forfeiture, 
and  for  the  precise  sum  due.  It  must  be  made  on  the  land, 
and  at  the  most  notorious  place  on  it,  unless  it  is  other- 
Avise  ordered  in  the  lease,  and  a  convenient  time  before 
sun  set. 


A  Lease  of  a  House. 

THIS  indenture  made  this    day  of  between 
A  B  of,  &c.  of  the  one  part  and  C  D  of,  <fcc.  of  the 
other  part,  witnesseth,  that  the  said  A  B  for  and  in  consid- 
eration of  the  rent,  covenants,  and  agreements  hereafter  in 
and  by  these  presents  mentioned,  reserved  and  contained 
on  the  part  and  behalf  of  the  said  C  D,  his  executors,  ad- 
ministrators and  assigns,  to  be  paid,  observed,  done  and 
performed,  hath  granted,  demised,  leased,  set  and  to  farm 
let,  'and  by  these  presents,  doth  grant,  lease,  set  and  to 
farm  let  unto  the  said  C  D,  his  executors,  administrators 
and  assigns,  all  that  brick  house,  messuage  or  tenement, 
with  all  and  singular  its  appertenances,  situate,  standing 
and  being  in  a  certain  street  or  place,  called,  &c.  together 
with  all  and  singular  the  appertenances  whatsoever  to  the 
said  brick  house,  messuage  or  tenement  and  premises  be- 
longing or  in  any  wise  appertaining,  and  therewith  here- 
tofore held,  used,  occupied  and  enjoyed  by  late  occu- 
pier thereof.  To  have  and  to  hold  the  said  brick  house, 
messuage  or  tenement,  and  all  and  singular  other  the 
premises  herein  before  granted  and  demised,  or  mentioned 
or  intended  so  to  be,  with  the  appertenances  unto  the  said 
C  D,  his  executors,  administrators  and  assigns,  from  the 

 day  of  next  ensuing  the  day  of  the  date  of  these 

presents,  for  and  during,  and  until  the  full  end  and  term 

of  from  thence  next  ensuing  and  fully  to  Reservation 

be  complete  and  ended;  yielding  and  paying      of  rent, 
therefor,  yearly  and  every  year,  during  the  said  term  un- 
to the  said  A  B  his  heirs  or  assigns  the  yearly  rent  of 
•—  on  the  ii       day  of  -     -  in  every  year  ;  the  first 


■ 


120  LEASES. 

Clause  of  payment  thereof  fo  begin  and  to  be  made,  &c. 
re-entry.  next  ensuing  the  date  of  these  presents.  Pro- 
vided always  nevertheless,  and  it  is  the  true  intent  and 
meaning  of  these  presents,  and  of  the  said  parties  here- 
unto, that  if  it  shall  happen  that  the  said  yearly  rent  of  

hereby  reserved,  or  any  part  thereof,  be  behind  and  un- 
paid by  the  space  of   next  over  or  after  any  of  the 

said  days,  whereon  the  same  ought  to  be  paid  as  afore- 
said that  then  and  from  thenceforth,  it  shall  and  may  be 
lawful  to  and  for  the  said  A  B,  his,  &c.  into  and  upon  the 
said  demised  premises,  and  every  or  any  part  or  parcel 
thereof,  with  their  appertenances,  in  the  name  of  the 
whole,  to  re-enter,  and  the  same  to  have  again,  re-possess 
and  enjoy,  as  in  his  or  their  first  or  former  estate  or  es- 
tates ;  and  him  the  said  C  D,  his  executors,  administra- 
tors, and  assigns,  and  all  and  every  other  the  occupier  or 
occupiers  of  the  said  demised  premises,  from  thence  ut- 
terly to  expel,  remove  and  put  out;  any  thing  in  these 
presents  contained  to  the  contrary  thereof  in  any  wise  not- 
Cov.  to  keep  withstanding.  And  the  said  C  D  &c.  [here  in- 
in  repair.  scrt  a  covenant  for  payment  of  rent,  as  in  the 
next  lease.]  And  that  the  said  C  D,  his  executors,  ad- 
ministrators and  assigns,  shall  and  will  from  time  to  time, 
and  all  times  hereafter,  during  the  said  term  —  herein 
before  granted,  at  his  and  their  own  proper  costs  and 
charges,  well  and  sufficiently  keep  in  repair,  the  said  de- 
mised premises,  with  their  and  every  of  their  apperte- 
nances, and  also  the  glass  windows,  pavements,  privies, 
sinks  and  gutters,  belonging  to  the  same,  in,  by  and  with 
all  manner  of  needful  and  necessary  reparations  and  amend- 
ments whatsoever,  when  and  as  often  as  the  same  shall  re- 
quire (damages  by  fire  only  excepted)  and  the  same  pre- 
mises  with  all  and  singular  their  appertenan- 

°  yie  up*  ces,  being  in  and  by  all  things  so  well  and 
sufficiently  repaired  and  kept,  (except  as  before  except- 
ed) at  the  end,  expiration  or  other  sooner  determination 
of  the  said  term  hereby  granted,  shall  and  will  qui- 
etly and  peaceably  leave,  surrender  and  yield  up  unto  the 
said  A  B  his,  &c.  in  good  and  sufficient  repair  and  con- 
dition (reasonable  use  and  wearing  thereof,  and  damage 
by  are  as  aforesaid,  only  excepted :)  that  he  the  said  C 
To  pay  the  n*s  exeGutors>  administrators  and  assigns, 
taxes.       shall  and  will  from  time  to  time,  and  at  all  times 


LEASES. 


121 


nereafter,  during  the  said  term  hereby  granted,  pay  and 
discharge  all  taxes,  charges  and  impositions  which  shall 
be  taxed,  charged,  imposed  or  assessed  upon  the  said  mes- 
suage or  tenement,  or  premises,  or  any  part  thereof.  And 
the  said  A  B  for  himself,  &c.  [Here  insert  covenant  for  a 
quiet  enjoyment.]    In  witness,  &c. 

A  Building  Lease. 

THIS  indenture  made  the  —  day  of  —  between 
A  B  of,  &c.  of  the  one  part,  and  C  D  of,  &c.  of  the 
other  part,  witnesseth,  that  the  said  A  B,  for  and  in  con- 
sideration of  the  rent,  covenants  and  agreements  herein 
after  mentioned  and  reserved,  on  the  part  and  behalf  of 
the  said  C  1),  to  be  paid,  done  and  performed,  hath  grant- 
ed, demised,  leased,  set  and  to  farm  letten,  and  by  these 
presents  doth  grant,  demise,  lease,  set  and  to  farm  let  un- 
to the  said  C  D,  his  executors,  administrators  and  assigns, 
all  that  piece  or  parcel  of  ground,  containing  in  length 

 feet,  and  in  breadth  feet,  or  thereabouts,  lying 

and  being  in  or  near,  &c.  To  Have  and  to  hold  the  said 
piece  or  parcel  of  gr  ound  above  mentioned,  unto  the  said 

C  D,  hisexecutors,  administrators  and  assigns,  from  

for  and  during  the  full  end  and  term  of   from  thence 

next  ensuing,  ami  fully  to  be  complete  and  ended,  yielding 
an;l  paying  therefor,  yearly  and  every  year  during  the  said 
term,  unto  the  said  A  B,  his  heirs  or  assigns,  the  yearly 

rent  or  sum  of    the  first  payment  thereof  to  begin 

and  be  made  at  or  upon   next  ensuing  the  date  clause  of 

of  these  presents.    Provided  alw  ays,  nevertheless,  re-entry 
and  ii  is  the  true  intent  and  meaning  of  these  pres- 
ents, ;ind  of  the  parties  hereunto,  that  if  it  shall  happen 

that  the  said  yearly  rent  of  hereby  reserved,  or  any 

part  thereof,  be  behind  or  unpaid,  by  the  space  of  days 

next  over  or  after  the  day  whereon  the  some  ought  to  be 
paid  as  aforesaid  that  then  and  from  thenceforth  it  shall, 
and  m;iy  be  lawful  to  and  for  the  said  A  B,  his  executors, 
administrators  or  assigns,  into  and  upon  the  said  demised 
premises,  or  into  any  part  or  parcel  ^hereof,in  the  name  of 
the  whole,  to  enter,  and  the  s.une  premises  to  have  again, 
repossess  and  enjoy,  as  in  his  or  their  first  and  former 
estate  and  estates,  and  him,  the  said  C  D,  his  executors, 

L 


:22  LEASES. 

administrators,  or  assigns,  an<l  all  and  every  other  the 
occupiers  or  possessors  of  the  said  demised  premises, 
from  thence  ulterly  to  expel,  remove,  and  put  out;  any 
thing  in  these  presents  contained  to  the  contrary  thereof 
in  any  wise  notwithstanding. 

Cov.  to  pay  And  the  said  C  D,  for  himself,  his  heirs,  ex- 
therent.  ecutors  and  administrators,  doth  covenant, 
grant  and  agree  to  and  with  the  said  A  B,  his  heirs  and  as- 
signs, that  he  the  said  C  D,  his  executors,  administrators 
or  assigns,  shall  well  and  truly  pay  or  cause  to  be  paid  un- 
to the  said  C  D,  his  heirs  or  assigns  the  aforesaid  yearly 
rent  of  at  the  days  and  times  and  in  such  manner 
and  form  as  herein  before  is  limited  and  appointed  for 
the  payment  thereof,  according  to  the  true  intent  and 
meaning  of  these  presents,  clear  of  and  over  and  above  all 
taxes  and  reprizes  whatsoever. 

To  build  a  And  that  he  the  said  C  D,  his  executors, 
house.        administrators  or  assigns  shall  and  will  on  or 

before  the  day  of  next  ensuing  the  date  hereof, 

at  his  or  their  own  proper  costs  and  charges  in  all  things, 
make,  erect,  set  up  and  finish,  or  cause  or  procure  to  be 
made,  erected,  set  up  and  finished,  upon  the  said  piece 
or  parcel  of  ground  herein  before  mentioned  and  demised, 
one  good  and  substantial  house  of  brick,  of  three  stories 
high,  besides  the  garrets,  the  lower  story  whereof  to  be 
ten  feet  high  at  the  least,  the  next  story  over  that  to  be 
likewise  ten  feet  high  at  the  least,  the  third  story  to  be 
eight  feet  high  at  least,  and  the  garrets  to  be  six  feet  high 
at  the  least :  and  shall  and  will  make,  or  cause  to  be  made 
to  every  room  thereof  (the  garrets  excepted)  two  hand- 
some sash  windows  of  good  carpenter's  or  joiner's  work, 
each  of  them  six  feet  high,  and  four  feet  broad  at  the  least 
and  shall  and  will  well  and  sufficiently  sash  and  glaze  the 
same  with  good  crown  glass,  and  shall  and  will  ceil  all  the 
floors  over  head  with  lime  and  hair,  w  ithout  any  loam,  and 
make  convenient  dormer  windows  to  all  the  garrets  :  and 
shall  and  will  make  convenient  doors,  with  hooks,  hinges, 
locks  and  keys  to  all  the  rooms  of  the  said  building,  and 
floor  with  inch  boards  all  the  floors,  and  nail  them  with 
,  eight  penny  nails  :  and  make  convenient  chimnies  with 
brick,  lime  and  sand,  and  free  stone  hearths,  and  one  con- 
venient cellar  throughout  all  the  said  building,  to  be  pav- 


LEASES. 


123 


ed  with  brick,  and  a  vault  of  brick  for  a  privy  ;  and  shall 
pave  with  stone  the  street  on  both  sides  the  said  building. 

And  that  lie  the  said  C  D,  his  executors,  j0  repair  ana 
administrators  or  assigns,  shall  and  will  to  give  up. 
from  time  to  time,  and  at  all  times  during 
the  said  term  of  years,  well  and  sufficiently  repair,  up- 
hold, support, maintain,  sustain,  amend,  and  keep  the  said 
building  and  tenement  so  erected  and  finished,  in,  by  and 
with  all  manner  of  needful  and  necessary  reparations  what- 
soever; and  the  same  being  in  and  by  all  things  so  well 
and  sufficiently  repaired,  upheld  and  kept  in  good  and 
sufficient  repair,  shaH  and  will,  at  the  end  or  other  sooner 

determination  of  the  said  term  of   hereby  granted, 

peaceably  and  quietly  leave,  surrender  and  yield  up  unto 
the  said  A  B,  his  heirs  or  assigns  together  with  all  and 
every  the  doors,  window-shutters,  locks,  keys, bolts,  staples, 
latches,  hooks,  hinges,  wainscots,  cisterns,  pipes,  pumps, 
conduits,  dressers,  tables,  shelves,  hearths,  grates,  stoves, 
chimnies,  chimney  pieces,  sashes  and  glasses,  of  and  be- 
longing to  the  same. 

And  the  said  C  D  doth  hereby  further  cov-  Not  to  use  house 
enant,  grant  and  agree,  that  neither  he  the  as  a  taverD'  &c* 
said  C  I),  his  executors  or  administrators,  nor  any  other 
person  or  persons,  on  his  or  their  account,  shall  or  will  at 
any  time  during  the  said  term  hereby  granted,  sell  or  re- 
tail any  beer,  ale  or  other  liquors  whatsoever,  nor  keep  any 
victualling  or  other  such  public  house  of  entertainment, 
within  the  said  building  or  tenement  so  to  be  erected  as 
aforesaid,  nor  use,  permit  or  suffer  the  trade  of  a  tallow 
chandler,  or  other  suchlike  offensive  trade  to  be  carried 
on  therein,  without  the  license  of  the  said  A  B,  his  heirs 
or  assigns  first  had  and  obtained  in  writing. 

Provided  also  nevertheless,  and  it  is  further  clause  of  re- 
covenanted  and  agreed  by  and  between  thesaid  entry  ifhedoes. 
parties  to  these  presents  that  if  the  said  C  D, 

his  &c.  do  not  before  the   day  of   aforesaid,  at 

his  and  their  own  proper  costs  and  charges,  make,  erect, 
set  up  and  finish  the  said  house,  building  or  tenement, 
in  all  things  as  the  saidC  D  hath  before  covenanted  and 
agreed  to  do,  or  if  the  said  C  D,  his  executors,  administra- 
tors or  assigns,  shall  use  such  building  or  tenement 
when  erected,  or  permit  the  same  to  be  used  as  an  inn, 


124 


LEASES. 


victualling  house,  or  house  of  entertainment,  or  use,  permit 
or  suffer  the  business  of  a  tallow  chandler,  or  such  like  of- 
fensive trade  to  be  carried  on  therein  ;  that  then  and 
fro;>7  thenceforth  this  present  lease  or  demise,  and  every 
ihin  »  therein  contained,  shall  cease,  be  void  and  of  no  ef- 
:  ;  the  estate  hereby  granted,  to  the  said  C  1),  his 
cx  ci  ojs,  administrators  and  assigns,  shall  cease  and  de- 
termine to  all  intents,  constructions  and  purposes  whatso- 
ever; any  thing  herein  contained  to  the  contrary  thereof 
in  any  wise  notwithstanding. 

And  the  said  A  B  doth  for  himself,  his  heirs, 
sor  for  quiet  executors  and  administrators,  covenant,  grant 
enjoyment.  and  agree  to  and  with  the  said  C  D,  his  exec- 
utors, administrators  and  assigns,  that  he  the  said  C  D, 
his  executors,  administrators  and  assigns,  paj  ing  the  rent 
and  performing  all  and  singular  the  covenants  and  agree- 
ments before,  in  and  by  these  presents  comprised,  reserved 
and  contained,  on  his  or  their  part  and  behalf,  to  be  paid, 
done,  performed  and  kept,  shall  and  may  lawfully,  peacea- 
bly and  quietly  have,  hold,  occupy,  possess  and  enjoy  the 
sai  !  uece  or  parcel  of  ground  herein  before  granted  and 
demised,  together  with  the  said  house,  building  or  tene- 
ment, to  be  thereon  erected  and  built,  as  aforesaidf~*\vith 
the  '  ;.!>ertenances,  for  and  during  the  said  term  of — 
herein  he'bre  granted,  without  any  lawful  let,  suit,  trouble, 
molestation,  eviction,  expulsion  or  interruption  of  or  by 
himtn&said  A  B,  his  hens  or  assigns  or  by  any  other  per- 
so  i  or  persons  whomsoever,  Lawfully  claiming  01  to  claim, 
by,  from,  or  under  him,  them  or  any  of  them,  or  by  or  with 
any  of  their  privity,  assent,  consent  or  procurement. 
In  witness,  etc. 


A  Lease  for  Years. 

THIS  indenture  made  this    day  of  between 

A  B  of  <fcc.  of  the  one.  part,  and  C  D  of  tic.  of  the  o- 
ther  part,  witnesseth  ;  that  the  said  A  B,  as  well  in  consid- 
eration of  one  dollar  to  him  paid  at  and  before  the  sealing 
and  delivery  hereof  by  (he  said  C  D,  as  of  the  rents,  cov- 
enants and  agreements  herein  after  reserved  and  contain- 
ed on  the  part  and  behalf  of  the  said  C  D,  his  executors, 
administrators  and  assigns,  to  be  paid,  kept  and  performed/ 


LEASES.  123 

bath  demised,  granted  and  to  farm  let,  and  by  tiiese  pres- 
ents doth  demise,  grant  and  to  farm  let,  unto  the  said  C  D, 
his  executors,  administrators  and  assigns,  all,  &c.  (ex- 
cept the  timber  trees,  and  all  young  trees,  fit  and  proper 
to  be  raised  and  preserved  for  timber  trees,  now  growing 
or  being,  or  which  shall  hereafter  grow  or  be  in  and  upon 
the  premises,  or  any  part  thereof,  together  with  free  liber- 
ty of  ingress,  egress,  and  regress,  to  and  for  the  said  A  Bv 
his  heirs  and  assigns,  to  sell,  cut  and  carry  away  the 
same  at  fit  and  seasonable  times  in  the  year.)  To  have 
and  to  hold  all  and  singular  the  said  premises  above  men- 
tioned with  the  appertenances  (except  as  before  excepted ; 
unto  the  said  C  Dr  his  executors,  administrators  and  as- 
signs from  the  day  of  the  date  hereof,  for  and  during  the 
term  of  —  years  thence  next  and  immediately 
ensuing  and  fully  to  be  complete  and  ended ;  yield-  Rent* 
ing  and  paying  theretjbr,  from  and  immediately  after  the 
commencement  of  the  said  term  and  during  the  continu- 
ance thereof,  unto  the  said  A  B,  his  heirs  and  assigns,  the 

rent  of  inland  upon  the  day  of    ■    in  each 

year. 

And  the  said  C  D,  for  himself,  his  executors,  Gov.  to- 
administrators  and  assigns  doth  covenant  and  grant  pay  rent 
to  and  with  the  said  \  B,  his  heirs  and  assigns  by  these 
presents,  in  manner  following,  that  is  to  say  ;  that  he  the 
said  C  U,  his  executors,  administrators  and  assigns,  shall 
and  will  well  uti'l  truly  pay  or  cause  to  be  paid  unto  the 
said  A  B,  his  heirs  or  assigns,  the  said  yearly  rent  above 
reserved,  according  to  the  true  intent  and  meaning  of  these 
presents,  clear  oi,  and  over  and  above  all  taxes  and  repri- 
zes whatsoever. 

And  tdso  that  he  the  said  C  D,  his  executors,  To  pay. 
administrators  and  assigns, shall  and  will  from  taws: 
time  to  time,  during  the  term  of  this  present  demise*, 
bear,  pay  and  discharge  all  taxes,  charges  and  assess- 
ments, ordiuarv  and  extraordinary,  which  may  hereafter, 
at  any  time  during  the  continuance  of  the  said  term  be 
imposed  or  charged  on  the  said  demised  premises  or  any 
part  thereof,  or  on  the  said  A  B,  his  heirs  and  assigns,  for 
or  in  respect  of  the  said  premises  or  any  part  thereof, 
and  shall  ami  will  indemnify  the  said  A  B,  his  heirs 
executors,  administrators  and  assigns,  of,  from  and  against 


126 


LEASER 


all  damages,  costs  and  charges  which  he  or  they  may  at 
any  iime  sustain  or  be  put  to,  by  reason  of  any  neglect  in 
the  due  and  punctual  discharge  and  payment  of  the  said 
taxes,  charges  and  assessments. 

Touse  lands  in  And  also  that  he  the  said  C  D,  his  exec- 
a  course  of  hus-  utors,  administrators  and  assigns  shall  and 
bandry.  w-|j  veariv  plough,  sow,  use,  employ  and 

manure  the  land  hereby  demised,  in  a  due  regular  course 
of  husbandry,  according  to  the  custom  of  the  country,  and 
in  like  manner  spend  and  employ  in  and  upon  the  premises 
all  the  dung,  compost  and  manure  which  shall  happen  to 
be  yearly  made  or  arise  there  during  the  said  term;  and 
shall  also  from  time  to  time  during  the  said  term,  pre- 
serve and  keep  the  fruit  trees  that  are  or  shall  be  planted 
on  the  premises  from  any  injury  by  ploughing  or  by  cat- 
tle, or  otherwise. 

To  repair.  ^nd  als0  *nat  ne  tne  sa^  ^  ^,  n,s  execu" 
tors,  administrators  and  assigns,  shall  and  will 
at  all  times  during  the  said  term  hereby  granted,  well  and 
sufficiently  repair,  maintain,  amend  and  keep  the  premi- 
ses hereby  demised,  in  all  and  all  manner  of  needful 
and  necessary  reparations  and  amendments  whatsoever, 
■when  and  as  often  as  need  shall  require,  (having  and 
taking  in  and  upon  the  premises  sufficient  helps  of  wood 
and  stone  for  the  doing  thereof  if  the  same  be  there  to  be 
had  without  committing  any  waste  or  spoil,  to  be  spent  in 
and  upon  the  premises  only  and  not  elsewhere)  and  the 
same  being  so  well  and  sufficiently  repaired,  maintained, 
amended  and  kept  at  the  end  or  other  sooner  determina- 
tion of  the  said  term,  unto  the  said  AB,  his  heirs  and  as- 
signs, shall  and  will  peaceably  and  quietly  leave  and  yield 
up. 

Nottocom-  And  also  that  he  the  said  C  D,  his  execu- 
mit  waste.  torg^  administrators  and  assigns  shall  not,  nor 
will  at  any  time  during  the  term  hereby  granted,  do  or 
commit,  or  permit  or  suffer  to  be  done,  any  wilful  or 
voluntary  waste,  spoil  or  destruction,  in  and  upon  the 
premises,  or  any  part  thereof. 

Not  to  as-  And  also  that  he  the  said  C  D,  his  execu- 
sign.  tors  or  administrators,  or  any  of  them,  shall 
not  or  will  at  any  time  during  the  continuance  of  the 
said  term,  demise,  let,  set  or  assign  over  the  said  prem- 


LEASES. 


1 2.7 


ises,  or  any  part  thereof,  to  any  person  or  persons  whom- 
soever, for  any  term  or  time  whatsoever  without  the  li- 
cense and  consent  of  the  said  A  B,  his  heirs  or  assigns 
in  writing,  under  his  or  their  hand  first  had  and  obtained 
for  such  purpose. 

And  also  that  it  shall  and  may  be  lawful  to  That  the  ks«* 
and  for  the  said  A  B,  his  heirs  and  assigns  a  ow  ast 
and  every  or  any  of  them,  at  all  and  every 
time  and  times  convenient,  within  the  last  year  of  the  said 
term  to  enter  into  and  have  so  much  of  the  demised  prem- 
ises as  in  the  same  year  shall  be  mete  to  be  fallowed,  and 
to  plough  and  fallow  the  same,  or  ev  ery  and  any  part  there- 
of, according  to  the  usage  and  custom  of  the  country  there 
in  that  behalf,  without  any  let,  interruption  or  disturbance 
of  the  said  C  I),  his  executors,  administrators  or  assigns, 
or  of  any  other  person  or  persons  by  his  or  their  means, 
assent  or  procurement. 

And  the  said  A  B,  for  himself,  his  heirs  and  rjov.  for  qui. 
assigns, doth  covenant  and  grant,  to  and  with  et  enjoymeut. 
the  said  C  D,  his  executors,  administrators  and  assigns, 
by  these  presents,  that  he  the  said  C  D,  his  executors,  ad- 
ministrators and  assigns,  shall  or  may  at  all  times,  during 
the  said  term  hereby  granted,  by  and  under  the  yearly  rent, 
covenants,  conditions  and  agreements,  herein  contained, 
peaceably  and  quietly  have,  hold,  occupy,  possess  and  en- 
joy, all  and  singular  the  said  premises  hereby  demised, 
and  every  part  and  parcel  thereof  v\iih  the  appertenances 
(except  as  before  excepted)  without  the  let,  trouble,  hin- 
drance, molestation,  interruption  and  denial  of  him  the 
said  A  B,  his  heirs  or  assigns,  or  of  any  person  or  persons 
whatsoever,  lawfully  claiming  or  to  claim  the  same  or  any 
part  or  parcel  thereof :  Provided  always  and 
these  presents  are  upon  this  condition  neverthe-  entry?  °  re" 
less,  and  it  is  the  true  intent  and  meaning  of 
these  presents,  that  if  it  shall  happen  that  the  yearly 
rent  herein  before  reserved,  shall  be  behind  and  unpaid 
in  part  or  in  all  by  the  space  of  thirty  days  after  the 
same  ought  to  be  paid  according  to  the  reservation  afore- 
said, and  no  sufficient  distress  can  or  may  be  found  in  and 
upon  the  premises,  whereby  the  same  with  the  arrears  there- 
of (if  any  sh"U  happen  to  be)can  be  made:  or  if  the  said  C  D, 
iris  executors  or  administrators,  shall  demise,  set,  JeU)r 


128 


LEASED. 


assign  the  premises,  or  any  part  thereof  to  any  person  or 
persons  for  any  term  of  time  whatsoever,  without  the  li- 
cense or  consent  of  the  said  A  B,  his  heirs  and  assigns  first 
had  and  obtained  in  writing  :  or  if  the  said  C  D,  his  exec- 
utors, administrators  and  assigns,  shall  not  well  and  truly 
observe,  keep  and  perform  all  and  singular  the  covenants 
and  agrf  pments  on  his  or  their  parts  to  be  observed,  kept 
and  performed,  according  to  the  true  intent  and  meaning 
of  these  presents,  that  then  and  from  thenceforth,  in  any 
of  the  said  cases,  it  shall  and  may  be  lawful  to  and  for  the 
said  A  B,  his  heirs  and  assigns,  into  and  upon  the  said 
hereby  demised  premises  or  any  part  thereof,  in  the  name 
of  the  whole,  to  re-enter  and  the  same  to  have  again,  re- 
possess and  enjoy,  as  in  his  or  their  first  and  former  estate 
and  right,  this  indenture  or  any  thing  herein  before  con- 
tained to  the  contrary  thereof  in  any  wise  notwithstand- 
ing.   In  witness,  <fcc. 


A  Lease  for  Lives. 

THIS  Indenture  made  the  —  day  of ——  in  the  year 
 ■  between  A  B  of,  fee.  of  the  first  part  and  'J  D 

of,  'fee.  of  the  second  part,  ivitnesseth,  that  the  said  party 
of  the  first  part  for  and  in  consideration  of  one  dollar  to 
hi  n  in  hand  paid,  &c.  and  of  the  rents  and  covenants  here- 
inafter mentioned  and  contained  on  the  part  and  behalf 
of  the  said  party  of  the  second  part,  his  executors,  ad- 
ministrators and  assigns,  to  be  paid,  kept  and  performed, 
hath  demised,  granted  and  to  farm  let,  and  by  these  pres- 
ents doth  demise,  grant  and  to  farm  let  unto  the  said  party 
of  the  second  part,  his  executors,  administrators  and  as- 
signs, all,  &c.  (excepting  and  reserving  out  of  the  premises 
hereby  granted,  all  streams  tit  for  mills  and  a  sufficient 
quantity  of  land  for  building  mills  and  dams,  abating  at  the 
rate  of  one  bushel  of  the  said  rent  for  every  four  acres  used 
for  either  of  the  said  purposes.)    To  have  and  to  hold 
the  said  lot  of  land  with  the  appertenances  (except  before 
excepted)  unto  the  said  party  of  the  second  part,  his  exec- 
utors, administrators  and  assigns,  from  the  day  of  the  dare 
hereof,  for  and  during  the  natural  lives  of  the  said  party 
of  the  second  part,  and  of  E  F  and  G  H  of,  &c,  and  for  and 
during  the  aatural  life  of  the  longest  liver  of  them,  so  a! 


LEASES.  129 

ways  as  that  the  said  term  shall  endure  at  the  least  thirty- 
one  years.  Yielding  and  paying  unto  the  said  par<y  of 
the  first  part,  his  heirs  and  assigns  yearly  and  every 
year  during  the  terra  aforesaid,  at  such  place  in  the  coun- 
ty of  as  the  said  party  of  the  first  part,  his  heirs  or 

assigns  shall  for  that  purpose  from  time  to  time  appoint, 
the  rent  of  sixty  bushels  of  good  merchantable  winter 

wheat  on  the          day  of  in  every  year.    The  first 

payment  to  be  made  on  the   day  of  in  the  year 


And  the  said  party  of  the  second  part,  for 
himself  his  executors,  administrators  and  as-  iDgV0f  %r?t!7~ 
signs  doth  by  these  presents  covenant,  grant 
and  agree  to  and  with  the  said  party  of  the  first  part  his 
heirs  and  assigns,  in  manner  following,  to  wit :  that  he  the 
said  party  of  the  second  part,  his  executors,  administrators 
and  assigns,  shall  and  will  well  and  truly  pay  or  cause  to  be 
paid  unto  the  said  party  of  the  first  part,  his  heirs  and  as- 
signs, the  yearly  rent  above  reserved  according  to  the  true 
intent  and  meaning  of  these  presents,  clear  of  and  over  and 
above  all  taxes  and  reprizes  whatsoever. 

And  also  that  he  the  said  party  of  the  second 
part,  his  executors,  administrators  or  assigns  orchard"? 
shall  and  will  settle  on  the  premises  within  one 
year  from  the  day  of  the  date  of  these  presents,  and  shall 
and  will  within  the  space  of  four  years,  to  be  computed 
from  the 'Say  of  thedate  of  these  presents,  plant  100  apple 
trees  on  1  lie  said  premises  hereby  described,  on  some  con- 
venient part  thereof,  in  straight  lines  crossing  each  other 
at  right  angles  at  the  distance  of  thirty  feel  from  each  other, 
and  as  often  as  nuy  of  the  said  trees  shall  die  or  decay  or 
he  destroyed  during  the  term  aforesaid,  shall  and  will  plant 
other  trees  in  the  place  or  stead  of  those  which  shall  die, 
decajr  or  be  destroyed,  and  the  same  trees  shall  maintain 
and  keep  in  good  and  sufficient  order,  and  that  if  default 
shall  at  any  time  during  the  said  term  be  made  in  planting 
the  said  apple  trees  or  any  of  them,  or  in  replacing  such 
as  shall  decay  or  be  destroyed  in  manner  and  form  herein 
before  provided,  that  then,  and  in  such  case  the  said  party 
of  the  second  part,  his  executors,  administrators  or  assigns 
shall  and  will  pay  to  the  said  party  of  the  first  part, 
Ins  heirs  or  assigns  within  one  year  after  such  default 


130 


LEASES. 


shall  be  made,  the  sura  of  two  dollars  for  every  apple  tree 
so  deficient ; 

To  reserve  a  aIS°  that  ^  P3rty  °f  the  secoml 

woodTo^"6  a  Part>  his  executors,  administrators  and  assigns 
shall  and  will  from  time  to  time  during  the  term 
aforesaid,  retain,  keep  and  set  apart  twenty  acres  of  the  said 
land  for  wood,  and  shall  not  or  will  not  cut  or  destroy  or 
permit  any  person  or  persons  whatsoever  to  cut  or  de- 
stroy any  part  of  the  timber  and  wood  growing  thereon,  ex- 
cepting only  for  making  or  repairing  the  buildings  to  be  e- 
rected  on  the  said  piece  or  parcel  of  land,  and  for  necessary 
fencing  and  fuel  for  a  dwelling  house  on  the  same. 

To  pay  taxes.        Alld  that  the  Saitl  Part^  °f  the  secoU(l  Part> 
his  executors,  administrators  and  assigns  shall 

and  will  pay  all  ordinary  or  extraordinary  taxes,  assess- 
ed or  imposed  on  the  said  land,  and  sha'l  and  will  at  the 
expiration  of  the  said  term,  peaceably  and  quietly  give 
and  yield  up  the  possession  of  the  said  piece  or  parcel  of 
laud  with  the  said  buildings  and  fences  which  now  are  or 
hereafter  may  '>e  erected  theron,  in  good  repair,  to  the  said 
party  of  the  first  part  or  his  heirs  or  assigns  : 
Clause  f  Provided  always  and  these  presents  are  upon 
reentry?  condition  nevertheless,  that  if  the  said  yearly  rent 
of  sixty  hushels  of  good  merchantable  winter 
wheat  or  any  part  thereof  shall  be  behind  and  unpaid  by 
the  space  of  six  months  after  any  of  the  days  hereby  limited 
for  payment  thereof,  or  if  the  said  party  of  the  see.*  id  part, 
his  executors,  administrators  or  assigns,  shall  neglect  or 
refuse  to  perform  any  of  the  covenants  contained  in  these 
presents,  that  then  and  from  thenceforth  it  shall  and  may 
be  lawful  to  and  for  the  said  parties  of  the  first  part,  their 
heirs  or  assigns,  into  the  said  piece  or  parcel  of  land  here- 
by demised  tore  enter,  and  the  same  and  every  part  there- 
of to  have  again,  re-possess  and  enjoy,  as  in  their  first  and 
former  estate,  any  thing  herein  contained  to  the  contrary 
thereof  notwithstanding. 

Proviso  Anc*  Prov^e(l  further,  that  if  the  said  party 
bout  proof  °f  the  second  part,  and  E  F  and  G  H  or  any  of 
of  lives.  them  shall  not  reside  on  the  lands  hereby  de- 
mised, and  none  of  them  can  at  the  expiration  of  the  said 
thirty-one  years,  after  reasonable  search  and  enquiry  be 
found,  that  then  and  in  every  such  case  and  after  the  ex- 


LEASES. 


131 


piration  of  one  year  from  the  date  of  a  notice  to  be  given 
in  writing  by  the  said  party  of  the  first  part,  his  heirs  or 
assigns,  to  the  tenant  of  the  said  lands  hereby  demised,  that 
such  search  and  enquiry  have  been  made  without  effect, 
it  shall  and  may  be  lawful  to  and  for  the  said  party  of  the 
first  part,  his  heirs  or  assigns  into  the  said  piece  or  par- 
cel of  land  or  into  part  thereof,  in  the  name  of  the  whole, 
to  re-enter  and  the  same  to  have  again  as  his  first  and 
former  estate,  unless  one  of  the  said  persons  shall  be  pro- 
duced before  one  of  the  judges  of  the  court  of  common 
pleas  of  any  county  in  the  state  of  New-York,  or  proof 
made  by  the  affidavit  of  two  or  more  credible  witnesses 
before  any  one  of  the  said  judges,  that  one  of  the  said  per- 
sons is  iu  full  life,  and  unless  the  said  party  of  the  first 
part,  his  heir3  or  assigns  shall  receive  a  certificate  of  such 
production  or  proof  and  a  note  of  the  place  of  residence  of 
such  person  before  the  expiration  of  the  said  year  signed 
by  the  said  judge. 

And  the  said  party  of  the  first  part,  for  him-  cov.  for  quiet 
self,  his  heirs  and  assigns,  doth  hereby  cove-  enjoyment, 
nant,  promise  and  agree  to  and  with  the  said  party  of  the 
second  part,  his  executors,  administrators  and  assigns,  that 
he  the  said  party  of  the  second  part,  his  executors,  admin- 
istrators and  assigns  paying  the  rents  and  performing  the 
covenants  herein  before  mentioned,  he  and  they  shall  and 
may  peaceably  have,  hold  and  enjoy  the  said  premises  for 
and  during  the  term  aforesaid,  without  any  interruption  or 
molestation  of  the  said  party  of  the  first  part,  his  heirs  or 
any  other  person  or  persons  whomsoever  claiming  or  to 
claim,  by,  from  or  under  him,  or  them,  or  any  of  them. 
In  witness,  &c. 


A  Lease  in  Perpetuity. 

nHHIS  Indenture  made  the   day  of  — —  in  the 

-■-   year  between  A  B,  of,  &c  of  the  first  part,  and 

C  D  of,  &c.  of  the  second  part  witnesseth,  That  the  said 
A  B.  for  and  in  consideration  of  the  sum  of  one  dollar  to 
him  in  hand  paid,  &c.  and  of  the  rents,  covenants  and  con- 
ditions hereinafter  contained,  on  the  part  of  the  said  C  D, 
his  heirs,  executors,  administrators  and  assigns,  to  be  paid, 
kept  and  performed,  hath  bargained,  sold,  demised,  leased 


132 


LEASES. 


and  to  farm  let,  and  by  these  presents,  doth  bargain,  sell, 
demise,  lease  and  to  farm  let,  unto  the  said  C  D  and  to 
his  heirs  and  assigns,  all  that  certain  farm,  piece  or  pared 
of  land,  situate,  &c.  To  have  and  to  hold  the  said  farm, 
piece  or  parcel  of  land  with  the  appertenances,  unto  the 
said  C  D,  his  heirs  and  assigns  forever.  Yielding  and 
paying  therefor  unto  the  said  A  B,  his  heirs  or  assigns, 
yearly  and  every  year  forever  hereafter,  the  yearly  rent  of 

fifty  bushels  of  good  and  merchantable  winter  wheat,  at  

in  and  upon  the   day  of  —  in  each  year. 

r.rant  of  rent.  ^nt*  tne  sa^  C  D  in  consideration  of  the 
said  grant  and  demise  so  aforesaid  to  him 
made  by  the  said  A  B,  hath  given,  granted,  and  confirmed, 
and  by  these  presents  doth  give,  grant  and  confirm  unto  the 
said  A  B,  his  heirs  and  assigns,  a  yearly  rent  of  fifly  bush- 
els of  good  merchantable  winter  wheat  forever  hereafter  to 
-!be  issuing,  going,  payable  and  taken  by  and  out  of  the 
lands  and  tenements  herein  before  described  and  conveyed. 
To  have,  hold,  receive,  take  and  enjoy  the  said  yearly 
rent  unto  the  said  A  B,  his  heirs  and  assigns  forever,  the 

same  to  be  paid  at  in  and  upon  the  ~  day  of  

in  each  year,  clear  of  and  over  and  above  all  taxes  and  re- 
prizes whatsoever,  the  first  payment  to  be  made  on  the 

—  day  of  next :  and  in  case  it  shall  so  happen  that 

the  rent  above  reserved  or  any  part  thereof  shall  be  be- 
hind and  unpaid,  by  and  for  the  space  of  thirty  days  next 
after  any  of  the  days  of  payment,  then  and  in  every  such 
case,  it  shall  and  may  be  lawful  to  and  for  the  said  A  B, 
his  heirs  and  assigns,  or  any  of  them,  into  the  whole,  or 
any  part  of  the  said  lands  and  tenements  to  enter,  and 
there  to  distrain,  for  the  said  rent  or  the  arrears  thereof, 
and  the  distress  so  taken,  to  lead,  drive  and  carry  away, 
and  the  same  to  expose  to  sale  at  public  vendue  ;  and  out 
of  the  monies  therefrom  arising  to  deduct  the  rent  then 
due  and  in  arrear,  together  with  the  costs  of  distress 
and  sale — and  to  return  the  overplus  (if  any  there  be) 
unto  the  said  C  D,  his  heirs,  executors,  administrators  or 
assigns. 

Cov  to  And  the  said  C  I),  for  hims-lf,  his  heirs,  ex- 
pay  reiit.  ecutors,  administrators  aud  assigns,  doth  cov- 
enant grant  and  agree  to  and  with  the  said  A  B,  his  heirs 
and  assigns,  that  he  the  said  C  D,  his  heirs,  executors, 
administrators  and  assigns,  will  from  time  to  time,  and 


LEASES. 


forever  hereafter,  well  and  truly  pay  or  cause  to  be  paid 
unto  the  said  A  B,  his  heirs  or  assigns,  the  yearly  rent  a- 
bove  reserved  and  granted  at  the  days  and  times  and  in 
manner  aforesaid  :  And  will  also  well  and  truly  discharge 
and  pay  all  taxes,  charges  and  assessments,  ordinary  and 
extraordinary,  taxed,charged  or  assessed,  and  which  may  be 
hereafter  at  any  time  taxed,  charged  or  assessed,  to  or  up- 
on the  said  lands  and  tenements,  or  upon  any  part  or  par- 
cel thereof,  or  upon  the  said  A  B,  his  heirs,  executors, 
administrators  or  assigns,  for  or  in  respect  of  the  said 
lands  and  tenements,  or  any  part  thereof,  and  indemnify  the 
said  A  B,  his  heirs,  executors,  administrators  and  assigns, 
of,  from  and  against  any  damages,  costs  and  charges  which 
he  or  they,  or  any  of  them  may  sustain  or  be  put  to,  by 
reason  of  any  neglect  in  the  due  and  punctual  discharge 
and  payment  of  the  said  taxes,  charges  and  assessments,  or 
any  part  of  them. 

And  the  said  AB,  for  himself,  his  heirs  and  Cov.  for  quiet 
assigns,  doth  hereby  covenant  and  agree,  to  enJ°vment- 
and  with  the  said  C  D,  his  heirs  and  assigns,  that  he  and 
they  and  each  of  them,  paying  the  rent  aforesaid,  and  per- 
forming, fulfilling  and  keeping  all  and  singular,  the  cove- 
nants, conditions  and  agreements  herein  contained,  on  his 
and  their,  and  each  of  their  parts,  to  be  performed,  fulfilled 
and  kept,  shall  and  may  lawfully,  peaceably  and  quietly 
have,  hold,  possess,  occupy  and  enjoy  the  lands  and  tene- 
ments hereby  conveyed,  and  every  part  thereof,  with  the 
appertenances  unto  the  said  C  U,  his  heirs  and  assigns, 
without  any  suit,  trouble,  eviction,  hindrance,  interruption, 
or  disturbance,  of,  by  or  from  the  said  A  B,  his  heirs  or  as- 
signs, or  of,  by  or  from  any  person  or  persons  whomsoever, 
lawfully  claiming  or  to  claim,  by,  from  or  under  him,  them, 
or  any  of  them  ;  and  that  he  the  said  A  B,  and  his  heirs 
shall  and  will  hereby  warrant  and  forever  defend  the  said 
premises  to  the  said  C  1),  his  heirs  and  assigns,  against  any 
person  or  [>ersons  lawfully  claiming  the  same. 

Provided  always  nevertheless,  and  these  pres-  Proviso  or 
ents,  and  every  thing  herein  contained,  are  up-  re-eutr>'- 
on  this  express  condition,  That  if  it  shall  at  any  time  hap- 
pen, that  the  said  yearly  rent  shall  in  whole  or  in  part, 
be  behind  for  the  space  of  thirty  days  after  any  day  of 
payment  and  that  no  sufficient  distress  can  be  found  upon 
the  premises,  to  satisfy  such  rent  due  and  in  arrear  as 
M 


134 


MORTGAGES. 


aforesaid,  or  if  any  or  either  of  the  covenants  or  conditions 
herein  before  contained  on  the  part  of  the  said  C  D,  his 
heirs,  executors,  adminstrators  and  assigns,  to  be  perform- 
ed, fulfilled  and  kept,  shall  not  be  performed,  fulfilled, 
and  kept,  or  shall  be  broken — then,  and  in  each  and  ev- 
ery such  case,  and  from  thenceforth  and  at  all  times  there- 
after, it  shall  be  lawful  to  and  for  the  said  A  B,  his  heirs 
and  assigns,  or  any  of  them,  into  the  whole  of  the  said 
lands  and  tenements,  or  any  part  thereof,  in  the  name  of 
the  whole  to  re-enter,  and  the  same  as  his  and  their  for- 
mer estate  to  have  again,  re-possess  and  enjoy  ;  and  the 
said  C  D,  his  heirs,  executors,  administrators  and  assigns, 
and  all  others,  thereout,  and  from  thence  utterly  to  expel, 
put  out  and  amove  ;  and  upon  such  re-entry,  this  inden- 
ture and  the  estate  hereby  created  shall  be  utterly  void, 
any  thing  herein  contained,  to  the  contrary  thereof  in  any 
wise  notwithstanding.    In  witness^  &c. 


MORTGAGES- 


PRACTICAL  REMARKS. 

Every  contract  for  securing  money  by  a  conveyance  of 
a  real  estate  to  the  lender,  is  deemed  in  equity,  a  mort- 
gage ;  and  the  borrower  will  be  entitled  to  redeem  his 
property,  although  the  conveyance  is  on  the  face  of  it 
absolute. 

All  persons  who  have  an  estate  in  lands  or  other  real 
property,  may  mortgage  the  same  to  the  extent  of  their 
interest,  if  they  are  not  under  a  legal  disability  ;  as  infan- 
cy, or  coverture  in  a  woman. 

When  the  mortgage  becomes  forfeited,  the  mortgagee 
may  take  possession  of  the  lands,  unless  there  is  a  lease 
existing  which  was  made  prior  to  the  mortgage,  and  then 
he  is  entitled  to  receive  the  rents. 

A  mortgage  on  real  property,  in  order  to  be  protected 
against  a  subsequent  mortgage  or  conveyance,  must  be  re- 
gistered in  the  Clerk's  office  of  the  eounty  where  the  es- 
tate lies* 


MORTGAGES. 


135 


And  it  may  be  discharged  of  record,  by  producing  to 
the  clerk  a  certificate  in  writing,  duly  proved,  signed  by 
the  mortgagee,  his  executors,  administrators  or  assigns, 
in  the  presence  of  two  witnesses. 

A  mortgage  in  this  state  may  contain  a  power  to  sell, 
and  if  it  does  the  mortgagee  by  a  sale,  and  without  the  aid 
of  any  court,  may  destroy  the  right  to  redeem  in  the  mort- 
gagor, and  all  claiming  under  him. 

Such  sale,  however,  will  not  prejudice  a  judgment  or  a 
mortgage  prior  to  the  sale. 

The  sale  must  be  at  public  auction,  on  a  notice  of  six 
months  :  the  notice  must  be  fixed  upon  the  outward  door 
of  the  county  court  house,  and  must  be  published  once  a 
week  for  the  six  months  in  a  newspaper  printed  in  the 
county,  if  there  is  one,  and  if  not,  then  in  the  county  near- 
est to  the  lands  in  which  there  is  a  newspaper. 

The  power  to  sell  is  not  good  if  given  by  a  mortgagor 
under  twenty-five  :  and  it  must  be  recorded  at  full  length 
before  the  conveyance  under  it  is  given. 

A  mortgage  for  the  purchase  money  made  at  the  time 
of  the  conveyance,  takes  preference  to  any  previous  judg- 
ment. 

Jl  Mortgage  of  Lands  with  a  power  of  sale. 

fTj^HIS  indenture,  made  the   day  of  in  the 

JL   year  between  A  H,  of  &c.  of  the  first  part,  and 

C  D,  of,  «fcc.  of  the  second  part,  witnesseth,  that  the  said 
party  of  the  first  part,  for  and  in  consideration  of  the  sum 
of  to  him  in  hand  paid,  the  receipt  whereof  is  here- 
by acknowledged,  hath  granted,  bargained,  sold,  released, 
enfeoffed  and  confirmed  ,  and  by  these  presents  doth 
grant,  bargain,  sell,  release,  enfeoff  and  confirm  unto  the 
said  party  of  the  second  part,  and  to  his  heirs  and  as- 
signs forever,  all.  8cc.  To  have  and  to  hold,  the  above 
bargained  premises,  to  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  to  the  sole  and  only  proper  use, 
benefit  and  behoof  of  the  said  party  of  the  second  part, 
his  heirs  and  assigns  forever.  Provided  always,  and 
th^se  presents  are  upon  this  express  condition,  that  it" 
the  said  party,  of  the  first  part,  pay  to  the  said  party  of  the 
second  part,  the  just  and  full  sum  of  — ■ —  on  or  before 
the  — —  day  of — —  which  will  be  in  the  year  with 


136 


MORTGAGES. 


lawful  interest  annually  until  paid  according  to  the  con- 
dition of  a  certain  bond  or  writing  obligatory,  bearing 
even  date  herewith,  executed  by  the  said  party  of  the 
first  part,  to  the  said  party  of  the  second  part,  then  these 
presents,  and  the  said  bond  or  writing  obligatory,  shall 
cease,  determine,  and  be  null  and  void  ;  But,  in  case  of 

the  non-payment  of  the  said  sum  or  any  part  thereof, 

or  the  interest  aforesaid,  or  any  part  thereof,  so  to  be- 
come due,  at  the  time  or  times  above  limited  for  the  pay- 
ment thereof,  then  in  every  such  case,  it  shall  and 
may  be  lawful  for  the  said  party  of  the  second  part,  his 
heirs,  executors,  administrators  or  assigns,  and  the  said 
party  of  the  first  part,  doth  hereby  empower  and  authorise 
lhe  said  party  of  the  second  part,  his  heirs,  executors  ad- 
ministrators and  assigns,  to  grant,  bargain,  and  sell  the 
said  ;>remiser.,  or  any  part  or  parcel  thereof,  with  the  ap- 
pertenances,  at  public  vendue,  and  on  such  sale  to  make 
and  execute  to  the  purchaser  or  purchasers,  his,  her  or 
their  heirs  and  assigns  forever,  good,  ample,  and  sufficient 
deeds  of  conveyance  in  the  law,  pursuant  to  the  statute  in 
such  case  made  and  provided — rendering  the  overplus  mo- 
nies (ifauy  there  be)  to  the  said  party  of  the  first  part,  his 
heirs,  executors  or  administrators,  after  deducting  the  costs 
and  charges  of  such  vendue  and  sale  as  aforesaid. 
In  witness,  &c. 

Mortgage  to  a  person  who  has  become  surety. 

H|  ^HIS  Indenture  made  this  day  of          in  the  year 

1   betw  een  I  M,  of,  &c.  of  the  one  part,  and  F  S 

of,  &c.  of  the  other  part.  Whereas  the  said  F  S,  at  the 
special  instance  and  request  of  him  the  said  I  M,  hath  be- 
come bound  together  with  him  the  said  1 1VI  unto  A  B  of, 
&c.  by  one  bond  or  obligation  bearing  even  date  with 

these  presents,  in  the  penal  sum  of          conditioned  for 

the  payment  of  on  &e.  which  same  monies  being  the 

proper  debt  of  him  the  said  I  M,  and  the  said  F  S  in  the 
said  recited  bond  being  only  as  security  for  the  said  I  M, 
and  at  his  request  as  aforesaid,  he  the  said  I  M  to  counter- 
secure  him  the  said  F  S  against  the  same,  hath  agreed  to 
convey  and  grant  the  dw  elling  house  and  lot  of  ground 
hereinafter  mentioned,  to  him,  the  said  F  S,  his  heirs  and 
assigns  forever,  in  manner  and  form  hereinafter  express- 


MORTGAGES. 


137 


ed  :  Now  this  indenture  witnesseth,  that  the  said  1  M  for 
and  in  consideration  of  the  premises,  and  also  for  and 
in  consideration  of  the  sum  of  one  dollar  to  him  in  hand 
paid  by  the  said  F  S  at  and  before  the  ensealing  and 
delivery  hereof  the  receipt  whereof  is  hereby  acknow- 
ledged, he  the  said  I  M  bath  granted,  bargained,  sold  al- 
iened, reraised,  released  and  confirmed,  and  by  these  pres- 
ents doth  grant,  bargain,  sell,  remise,  release  and  confirm 
unto  the  said  F  S,  and  to  his  heirs  and  assigns  forever,  all 
thai,  &c.  (here  take  in  the  bounds)  and  all  the  heredita- 
ments and  apiertenances  to  the  same  of  right  appertain- 
ing, or  therewithal  now  or  at  any  time  heretofore  used, 
possessed,  held  or  enjoyed,  or  accepted,  reputed,  deemed, 
taken  or  known  to  be  part,  parcel  oi  member  thereof,  or 
of  any  part  thereof,  and  the  reversion  and  reversions,  re- 
mainder and  remainders  thereof,  and  also  all  the  estate, 
right,  title,  interest,  property,  possession,  claim  and  demand 
whatsoever  of  him  the  said  I  M,  of,  in  and  to  the  same 
or  any  part  or  parcel  thereof;  To  have  and  to  hold  the 
said  dwelling  house,  lot  of  ground  and  premises  with  the 
appertenauces  unto  the  said  F  S,  his  heirs  and  assigns  to 
the  only  proper  use  and  behoof  of  the  said  F  S,  his  heirs 
and  assigns  forever. 

Provided  always  and  this  present  grant  is  upon  this 
condition,  that  if  the  said  [  M,  his  heirs,  executors  or  ad- 
ministrators shall  well  and  truly  pay  or  cause  to  be  paid 

unto  the  above  named  A  B,  the  said  sum  of  w  ith  the 

interest  on,  &c.  according  to  the  condition  and  in  full  dis- 
charge  and  satisfaction  of  the  before  recited  obligation, 
and  also  from  time  to  time  and  at  all  times  hereafter,  shall 
and  do  well  and  sufficiently  save  harmless  and  keep  indem- 
nified the  aforesaid  F  S,  his  heirs,  executors  and  admin- 
istrators, and  every  of  them,  and  their  and  each  and  ev  ry 
of  their  goods  and  chattels,  lands  and  tenements  of  and 
from  all  and  all  manner  of  actions,  -nits,  troubles,  charges, 
judgments,  executions,  damages  and  demands  whatsoever, 
tli h  t  shall  or  may  at  any  tim<  hereafter  accrue  or  happen 
unto,  or  arise  or  be  brought,  or  prosecuted  against  the 
said  F  S,  his  heirs,  executors  or  administrators  and  any 
or  either  of  them  upon  the  I  e fore  recited  fiond  or  obliga- 
tion, or  of,  for  or  by  reason  of  his  the  said  F  S  becoming 
bound  in  the  said  bond,  thai  then  and  from  thenceforth  his 
present  indenture  and  every  article,  covenant,  clause  and 

M2 


131 


MORTGAGES. 


condition  in  the  same  contained,  and  the  estate  hereby 
granted  shall  cease,  determine  and  be  utterly  void,  and  of 
none  effect,  any  thing  herein  to  the  contrary  thereof  in 
any  wise  notwithstanding. 

And  the  said  I  M,  for  himself,  his  heirs,  executors  and 
administrators  and  every  of  them,  doth  covenant,  prom- 
ise, gr  int.  and  agree  to  and  with  the  said  F  S,  his  heirs, 
executors,  administrators  and  assigns,  and  every  of  them 
by  these  presents,  that  he  the  said  1  M,  his  heirs,  execu- 
tors or  administrators  shall  and  will  well  and  truly  pay  or 
cause  to  be  paid  unto  the  said  A  B  the  aforesaid  sum  of 
with  the  interest  thereof,  on,  &c.  according  to  the 
Form  and  effect  of  the  condition  and  in  full  discharge  and 
satisfaction  of  the  above  recited  bond  or  obligation;  And 
also  that  he  the  said  I  IVI,  his  heirs,  executors  and  admin- 
istrators from  time  to  time  and  at  all  times  forever  here- 
after, shall  and  will  save  harmless  and  keep  indemnified 
the  said  F  S,  his  heirs,  executors  and  administrators  and 
each  and  every  of  them  against  the  said  A  B,  his  execu- 
tors and  administrators  and  every  of  them,  and  all  other 
persons  of  and  from  the  before  recited  bond  or  obligation 
so  entered  into  as  aforesaid,  and  of  and  from  all  and  all 
manner  of  actions,  suits,  troubles,  charge-,  judgments, 
executions,  damages  and  demands  whatsoever,  that  shall 
or  may  at  any  time  hereafter  accrue  or  happen  unto,  or 
arise  or  be  brought  or  prosecuted  against  him  the  said  F 
S,  his  heirs,  executors  or  administrators,  and  any  or  ei- 
ther of  them,  or  against  their  or  either  of  their  goods  and 
chattels,  lands  and  tenements,  for  or  by  reason  of  the  said 
F  S  becoming  bound  in  the  said  bond  as  aforesaid,  accord- 
ing to  the  form  and  effect  of  the  proviso  aforesaid. 

And  the  said  1  1M,  for  himself,  his  heirs,  executors  and 
adminisfrators  doth  further  covenant,  promise,  grant  and 
agree  to  and  with  the  said  F  S,  his  heirs  and  assigns  and 
to  and  with  every  of  them  by  these  presents,  that  he  the 
said  !  M  at  the  time  of  the  ensealing  and  delivery  of  these 
presents  is  the  true,  lawful  and  rightful  owner  and  propri- 
etor of  the  said  dwelling  house  and  Jot-|f  ground  and 
premises  before  mentioned,  with  the  appmenances,  and 
every  part  and  parcel  thereof,  of  a  good,  sure,  perfect,  ab- 
solute and  indefeasible  estate  of  inheritance  in  fee  simple, 
without  any  manner  of  condition,  reservation,  limitation 
of  any  use  or  uses  or  other  matter,  cause  or  thing  what- 


MORTGAGES. 


soever,  to  determine,  alter,  change  or  defeat  the  same, 
and  that  he  the  said  I  M,  hath  in  himself  good  right,  full 
power  and  lawful  authority  to  grant,  bargain,  sell,  alien, 
remise,  release  and  confirm  the  same,  and  every  part  and 
parcel  thereof  unto  him  the  said  F  S,  his  heirs  and  assigns 
in  manner  and  form  aforesaid.    In  witness,  &c. 


A  Mortgage  for  a  term  of  years. 

THIS  Indenture,  mnde  the  day  of   in  the  year 
 between  A  B,  of  Szc.  of  the  one  part,  and  C  1), 

of  8cc.  of  the  other  part,  witnesseth  that  the  said  A  B,  for 
and  in  consideration  of  the  sum  of — —to  him  in  hand 
paid  by  the  said  C  D,  at  or  before  the  sealing  and  deliver} 
of  these  presents,  the  receipt  whereof  he  the  said  A  B 
doth  hereby  acknowledge,  hath  granted,  bargained  and 
sold,  and  by  these  presents  doth  grant,  bargain  and  sell 
unto  the  said  C  D,  his  executors,  administrators  and  as- 
signs, all  that  certain  messuage,  Szc.  And  also  the  rever- 
sion and  reversions,  remainder  and  remainders,  rents,  is- 
sues and  profits  of  all  and  singular  the  said  premises,  and 
of  every  part  and  parcel  thereof,  with  their  appertenan- 
ces  :  To  have  and  to  hold  the  said  messuages,  &c.  and 
premises  above  mentioned  and  every  part  and  parcel 
thereof,  with  the  appertenances,  unto  the  said  C  D,  his 
executors,  administrators  and  assigns,  from  the  day  be- 
fore the  day  of  the  date  of  these  presents,  tor  and  during, 
and  unto  the  full  end  and  term  of  rive  hundred  years  from 
thence  next  ensuing  and  fully  to  be  complete  and  ended" 
yielding  and  paying  therefor  yearly  during  the  said  term  at 

or  upon  the  day  one  pepper-corn  if  demanded; 

Provided  always  and  these  presents  are  upon  this  condi- 
tion, that  if  toe  said  A  B,  his  heirs  or  assigns,  do  and  shall 
well  and  truly  pay,  or  cause  to  be  paid  unto  the  said  C  D, 
his  executors,  administrators  or  assigns,  the  full  sum  of 

 with  legal  interest  for  the  same,  on  or  before  the 

—  day  of  next  ensuing  the  day  of  the  date  hereof 

without  any  deduction,  defalcation  or  abatement  whatso- 
ever, for  or  by  reason  of  any  taxes  or  assessments  What- 
soever, either  ordinary  or  extraordinary,  already  imposed 
or  hereafter  to  be  imposed  on  the  said  premises,  or  .  u  v 
part  thereof,  that  then  and  from  thenceforth  these  presents 
and  every  matter  and  thing  herein  contained  shall  cease. 


140 


MORTGAGES. 


determine  and  be  utterly  null  and  void  to  all  intents  and 
purposes; any  thing  herein  contained  to  the  contrary  there- 
of in  anywise  notwithstanding. 

And  (he  said  A  B,  for  himself,  his  heirs,  executors,  and 
administrators,  doth  covenant,  promise  grant  and  agree, 
to  and  with  the  said  C  D,  his  executors,  administrators 
and  assigns,  that  he  the  said  A  B,  his  heirs,  executors  or 
administrators  shall  and  will  well  and  truly  pay,  or  cause 
to  l>e  paid  unto  the  said  C  I),  his  executors,  administra- 
tors or  assigns,  the  said  sum  of   with   legal  interest 

for  the  same,  on  or  before  the  said   day  of   next, 

without  any  deduction  as  aforesaid,  according  to  the  true 
intent  and  meaning  of  these  presents  •  And  also,  that  he 
the  said  C  I),  his  executors,  administrators  and  assigns, 
shall  and  may  at  all  times,  after  default  shall  be  made  in 

payment  of  the  said  sum  of  and  interest  or  any  part 

thereof,  at  the  time  herein  before  limited  for  payment 
thereof,  peaceably  and  quietly  have,  hold,  occupy,  possess 
and  enjoy  all  and  singular  the  said  messuage,  &c.  and 
other  the  premises  above  granted,  bargained  and  sold, 
or  mentioned  or  intended  so  to  be,  with  the  appertenances 
as  aforesaid  for  and  during  all  the  rest,  residue  and  re- 
mainder of  the  said  term  of  five  hundred  years,  which 
shall  be  then  to  come  and  unexpired,  without  the  let, 
suit,  hindrance,  molestation,  interruption  or  eviction  of 
him  the  said  A  B,  his  heirs  and  assigns,  or  of  any  other 
person  or  persons  whomsoever  lawfully  claiming  or  to 
clcimby,  from  or  under  him,  them,  or  any  of  them  : 

And  further,  that  he  the  said  A  B,  and  his  heirs,  and 
all  and  every  other  person  and  persons  having  or  lawfully 
elciiming  any  right,  title  or  interest,  in  or  to  the  said  prem- 
ises, or  any  part  or  parcel  thereof,  by,  from  or  under  him 
or  l  hem,  shall  and  wiil  after  default  shall  be  made  in  pay- 
ment of  the  said  sum  of          and  interest,  or  any  part 

thereof,  as  aforesaid,  make,  do  and  execute,  or  cause  or 
procure  to  be  made,  done  and  executed  all  and  every  such 
further  and  other  lawful  and  reasonable  act  and  acts,  thing 
and  things,  assurance  and  assurances,  device  and  devices 
in  the  law  wha  soever,  for  the  further,  better  and  more 
perfect  <„ renting  and  ssuring  of  all  and  singular  the  said 
premises,  with  the  appertenances  above  bargained  and 
sold,i  r  mentioned,  or  intended  so  to  be,  unto  the  said  C  D, 
his  executors,  administrators  and  assigns,  for  and  during 


MORTGAGES. 


141 


all  the  rest,  residue  and  remainder  of  the  said  term  of  five 
hundred  years  above  granted,  as  by  the  said  C  D,  his  ex- 
ecutors, administrators  or  assigns,  or  his  or  their  counsel 
learned  in  the  law,  shall  be  reasonably  devised,  advised 
or  required. 

And  lastly,  it  is  covenanted,  granted,  concluded  and 
agreed  upon  by  and  between  the  said  parties  to  these  pres- 
ents, and  the  true  intent  and  meaning  hereof  is,  and  it  is 
hereby  declared  so  to  be,  that  until  default  shall  be  made 

in  payment  of  the  said  sum  of   and  interest,  or  any 

part  thereof  as  aforesaid,  it  shall  and  may  be  lawful  to  and 
for  the  said  A  B,  his  heirs  and  assigns,  to  have,  hold  and 
enjoy  all  and  singular  the  said  premises,  with  the  apperte- 
nances,  above  bargained  and  sold,  in  manner  aforesaid,  and 
to  receive  and  take  the  rents,  issues  and  profits  thereof,  to 
his  and  their  own  proper  use  and  benefit ;  any  thing  here- 
in contained  to  the  contrary  thereof  in  any  wise  notwith 
standing.  In  witness,  &c. 

Ji  Mortgage  of  goods. 

THIS  Indenture,  made   bet  >\  ten  A  B  of,  &c.  of 
the  one  part,  and  C  D  of«fec.  of  the  other  part,  wit- 
nessed, that  the  said  party  of  the  first  part,  Tor  and  in  con- 
sideration of  the  sum  of  to  him  in  hand  well  and  truly- 
paid  by  the  said  party  of  the  second  part  at  or  before  the 
sealing  and  delivery  of  these  preseme  the  receipt  whereof 
is  hereby  acknowledged,  hath  granted,  bargained  and  sold 
and  by  these  presents,  doth  grant,  bargain  and  sell  unto 
the  said  party  of  the  second  part,  his  executors,  adminis- 
trators and  assigns,  All  and  singular  the  goods,  furniture 
and  household  stuff  hereinafter  particularly  mentioned  and 
expressed,  that  is  to  say  :  [Here  the  goods  mortgaged.'] 
To  have  and  to  hold  all  and  singular  the  said  goods,  &c. 
herein  before  granted,  bargained  and  sold,  or  mentioned, 
or  intended  so  to  be,  unto  the  said  party  of  the  second  part, 
his  executors,  administrators  and  assigns,  to  the  only 
proper  use  and  behoof  of  the  said  party  t  the  second 
part,  his  executors,  administrators  and  assigns  lore  er  : 
Provided  always,  and  these  presents  are  upon  this  condi- 
tion, that  if  the  said  party  of  the  first  part,  nis  executors 
or  administrators,  shall  and  do  well  and  truij  pay  or  cause 
to  be  paid  untg  the  said  party  of  the  second  part*  his  exec- 


142 


MORTGAGES. 


utors,  administrators  or  assigns,  the  full  sum  of   with 

legal  interest  for  the  same,  01  or  before   the   day  of 

 the  }  these  presents,  and  every  matter  and  thing  hero- 
in Contained,  shall  cease,  determine  and  be  utterly  void,  to 
all  intents  and  purooses:  any  thing  herein  contained  to 
the  contrary  thereof  in  any  ".vise  notwithstanding. 

And  the  said  party  of  the  first  part,  for  himself  his  exec- 
utors and  administrators,  all  and  singular  the  said  goods, 
&c.  by  these  presents  unto  the  said  party  of  the  second 
part,  his  executors,  administrators  and  assigns,  against 
him  the  said  party  of  the  first  part,  his  executors  and  ad- 
ministrators, and  against  all  and  every  other  person  and 
persons  whomsoever,  shall  and  will  warrant  and  forever 
defend  by  these  presents.  And  the  said  party  of  the  sec- 
ond part,  for  himself,  his  executors  and  administrators, 
doth  covenant,  promise,  grant  and  agree  to  and  with  the 
said  party  of  the  first  part,  his  executors  and  administra- 
tors, that  he  and  they  shall  and  will  immediately,  upon  the 

receipt  of  the  said  sum  of   -and  interest  as  aforesaid, 

at  the  day  and  time  above  limited  for  payment  thereof, 
deliver  or  cause  to  be  delivered,  unto  the  said  party  of 
the  second  part,  his  executors,  administrators  and  as- 
signs, all  and  singular  the  goods,  &c.  above  granted, 
which  are  now,  and  at  the  time  of  the  executing  of  these 
presents,  were  received  by  the  said  party  of  the  second 
part,  of  and  from  the  said  party  of  the  first  part,  in  as 
good  case,  plight  and  condition  as  the  same  and  every 
of  them  now  are  at  this  present  time.    In  witness,  &c. 


A  further  Mortgage  by  Indorsement. 

"W7  HERE  AS  the  witiiin  named  P  P  hath  advanced 
y  7  and  lent  unto  the  within  named  W  W  the  fur- 
ther sum  of —dollars,  the  receipt  whereof  the  said  W 
W  doth  hereby  acknowledge,  and  thereupon  the  said  W 
W  hath  entered  into  one  bond  or  writing  obligatory  un- 
der his  hand  and  seal,  bearing  even  date  with  these  pres- 
ents to  the  said  P  P  in  the  penal  sum  of  with  condi- 
tion thereunder  written,  for  making  the  same  void  upon 
payment  unto  the  said  P  P,  his  executors,  administrators 
or  assigns,  of  the  sum  of-  dollars  of  like  lawful  mo- 
ney, with  interest  for  the  same,  after  the  rate  of  * 

on  the  day  of  .  as  in  and  by  the  said  writing  or 


PATFXTS. 


143 


bond  or  writing  obligatory  and  ihe  condition  thereof,  re- 
lation being  thereunto  had  may  more  fully  appear:  Now 
know  ye,  that  for  the  better  securing  and  more  sure  pay- 
ment uuiothe  said  P  P,  his  executors,  administrators  and 
assigns,  of  the  said  farther  sum  of   dollars  and  in- 
terest on  the  said   day  of   next  ensuing,  ac- 
cording to  the  true  intent  and  meaning  of  the  said  reci- 
ted bond  or  obligation,  he  the  said  W  W  doth  hereby 
for  himself,  his  heirs,  executors  and  administrators,  cove- 
nant, promise  and  agree  to  and  with  the  said  ?  P,  his  ex- 
ecutors, administrators  and  assigns,  that  the  messuages, 
&c.  and  all  and  singular  other  the  premises  with  the  ap- 
pertenances  by  the  within  written  indenture  of  mortgage 
mentioned  to  be  granted,  bargained,  sold  and  demised,  and 
every  part  and  parcel  thereof  shall  stand  chargeable,  re- 
main, continue  and  be  a  security  unto  him  the  said  P  P, 
his  executors,   administrators  and  assigns,  as  well  for  the 

payment  of  the  sum  of  dollars  within  mentioned  and 

the  interest  thereof,  as  also  for  the  payment  of  the  said 

further  sum  of  dollars  now  lent  and  advanced  as  a- 

foresaid  and  the  interest  thereof.  And  that  the  said  prem- 
ises or  any  part  thereof  shall  not  be  redeemed  or  redeem- 
able either  in  law  or  in  equity,  until  not  only  the  said  sum 

of  dollars  before  lent  and  the  interest   thereof,  but 

also  the  said  sum  of  —  dollars  now  lent  and  the  interest 
thereof  shall  be  paid  and  satisfied  unto  the  said  P  P,  his 
executors,  administrators  and  assigns,  according  to  the 
true  intent  and  meaning  of  these  presents.   In  witness,  <&r. 


PATENTS- 


PRACTICAL  REMARKS. 

The  general  government  has  the  power  to  secure  for 
limited  times,  to  authors  and  inventors  the  exclusive  right 
to  their  writings  and  discoveries. 

By  the  act  of  31st  May  1790,  the  author  of  any  map, 
chart,  or  book,  heing  a  citizen  or  resident,  is  secured  in 
the  exclusive  right  of  printing,  publishing  and  vending 
the  same  for  1 4  years  on  recording  the  title. 


144 


PATENTS. 


Ifthe  author  is  living  and  resides  in,  or  is  a  citizen  of 
the  United  States  at  the  expiration  of  the  14  years,  he  may 
continue  his  exclusive  right  for  a  further  term  of  1 4  years, 
if  he  records  the  title  again  six  mouths  before  the  expira- 
tion of  the  first  term. 

To  procure  this  exclusive  right,  the  author  must  before 
publication  deposit  in  the  office  of  the  Clerk  of  the  Dis- 
trict Court  where  he  resides,  a  printed  copy  of  the  title 
of  his  map,  chart  or  book.  The  clerk  is  to  make  a  record 
of  this,  and  a  copy  of  the  record  is  to  be  published  in 
some  newspaper  four  weeks  within  two  months  from  the 
date  ofihe  record. 

By  the  acts  of  2 1st  Feb.  1W3,  and  17th  April  1800,  a 
citizen  or  an  alien  who  has  resided  in  the  country  for  two 
years,  may  acquire  an  exclusive  right  for  constructing, 
using  and  vending  for  a  term  not  exceeding  14  years  any 
new  and  useful  art,  machine,  manufacture  or  composition  of 
matter,  or  any  new  and  useful  improvement  on  any  art 
machine,  manufacture  or  composition  of  matter  not  known 
or  used  before  the  application. 

This  right  is  secured  by  letters  patent  issuing  from  the 
office  of  the  secretary  of  state. 

To  obtain  such  patent,  the  party  is  to  present  a  peti- 
tion to  the  secretary,  signifying  his  desire  to  obtain  the 
exclusive  right  and  praying  that  a  patent  may  be  granted. 

This  petition  must  be  accompanied  by  an  affidavit  of 
the  inventor,  that  according  to  his  belief  he  is  the  true  in- 
ventor or  discoverer  of  the  thing  for  which  he  asks  a  pat- 
ent: and  a  specification  of  his  invention,  signed  by  himself 
and  attested  by  two  witnesses. 

There  must  also  be  a  drawing  with  written  references 
where  the  nature  of  the  case  admits  of  drawing  :  or  spe- 
cimens of  the  ingredients  and  of  the  composition  of  mat- 
ter, where  the  invention  is  of  a  composition  of  matter, 
sufficient  in  quantity  for  the  purpose  of  experiment.  In  giv- 
ing a  drawing  of  the  machine,  it  is  requisite  to  give  draw- 
ings of  the  interior  when  the  machine  is  complex. 

The  specification  is  a  description  of  the  invention  and 
the  manner  of  using,  or  process  of  compounding  the  same, 
and  must  be  in  such  full,  clear  and  exact  terms  as  to  dis- 
tinguish the  s  <me  from  all  other  things  before  known  : 
and  to  enable  any  person  skilled  in  the  art  or  science  of 
which  it  is  a  branch,  or  w  ith  which  it  is  most  nearly  con- 
nected, to  make,  compound  and  use  the  same. 


PATENTS. 


145 


In  the  case  of  a  machine,  he  is  fully  to  explain  the 
principle,  and  the  several  modes  in  which  he  has  contem- 
plated the  application  of  that  principle,  or  character  by 
which  it  may  be  distinguished  from  other  inventions. 
The  inventor  is  to  deliver  a  model  of  his  machine  if  the 
secretary  deems  it  necessary.  And  when  the  machine  is 
complex,  a  model  is  considered  at  the  patent  office  as  ne» 
cessary  to  explain  and  render  it  comprehensible. 

If  an  alien  resident  applies  for  a  patent,  he  must  add  to 
his  petition  on  oath,  that  the  invention,  art  or  discovery 
has  not  to  the  best  of  his  knowledge  or  belief,  been 
known  or  used  either  in  this  or  any  foreign  country. 

Form  of  Record  of  Boole. 

District  of   to  wit  :   Be  it  remembered,    That  on 

the  day  of  in  the  year  of  the  independence 

of  the  United  States  of  America,  A  B  of  the  said  district, 
hath  deposited  in  this  office  the  title  of  a  map,  chart,  book 
or  books,  (as  the  case  may  be)  the  right  whereof  he 
claims  as  author  or  proprietor,  (as  the  case  may  be)  in 
the  words  following,  to  wit ;  [here  insert  the  title]  in 
conformity  to  the  act  of  the  Congress  of  the  United  States, 
entitled,"  An  Act  for  the  encouragement  of  learning,  by 
securing  the  copies  of  maps,  charts,  and  books,  to  the  au- 
thors and  proprietors  of  such  copies,  during  the  times 
therein  mentioned."        C  D  clerk  of  the  district  of  ■ 

PROCEEDINGS  TO  OBTAIN  PATENT. 

i.  Petition  for  a  Patent. 

To  the  honorable  A  B,  Secretary  of  State  of  the  United 
States  of  America. 
The  petition  of  C  D  of  &c.  sheweth  : 

THAT  your  petitioner  has  invented  a  new  and  useful 
improvement,  not  known  or  used  before  this  ap- 
plication in  the  making  or  manufacturing  of  &c.  (insert 
what)  by  which  &c.  (giving  a  general  description  of  the 
improvement)  as  will  better  appear  by  the  specification 
or  description  herewith  delivered. 

That  your  petitioner  is  desirous  of  obtaining  an  ex- 
clusive property  in  such  improvement,  and  he  therefore 
prays  that  a  patent  may  be  granted  to  him  therefor. 
Dec.  20,  1816.  C.  D, 

N 


146  POWERS  OF  ATTORNEY. 


2,  Specification  or  Description. 

To  all  persons  to  whom  these  presents  shall  come,  C  D 
of  &c.  sends  greeting, 

Be  it  known,  that  I  the  said  C  O  have  invented  a  new 
and  useful  improvement,  not  known  or  used  before  in  the 
making  or  manufacturing  of,  &c  [naming  what)  which 
invention  and  the  manner  of  using  it,  is  as  follows  ;  This 
improvement  in,  &c.  (go  on  to  describe  the  invention  with 
great  exactness  and  particularity,  sec  in  remarks.) 

In  witness  whereof,  I  have  hereunto  subscribed  my 
name  the  —  day  of  &c.  C  D. 

Witnesses, 
E  F 
G  H 

3.  Affidavit  of  Invention. 
State  of  New-York  )  gg 
Dutchess  County,  £  ss*        Memorandum    ihat  on  this 

—day  of  in  the  year  —  personally  appeared  be^ 

fore  me,  I  K  one  of  the  justices  of  the  peace  for  the  said 
county,  being  a  person  authorized  to  administer  oaths,  the 
above  named  C  D,  who  being  duly  sworn  says,  that  he 
does  verily  believe,  that  he  is  the  true  inventor  or  discov- 
erer of  the  improvement  in  the  manufacturing  of,  8cc. 
{naming  what)  as  by  him  is  above  specified,  and  that  he  is 
a  citizen  of  the  United  States,  (If  an  alien  say)  And 
that  the  same  has  not  to  t  he  best  of  his  knowledge  or  be- 
lief been  known  or  used  either  in  this  or  any  foreign  coun- 
try, and  further  that  he  has  resided  more  than  two  years 
past  in  the  United  States  of  America.  C  D. 

Sworn,  &c. 


POWERS  OF  ATTORNEY. 


PRACTICAL  REMARKS. 

An  attorney  is  one  who  is  appointed  to  do  any  thing  m 
;he  place  of  another. 
Awl  his  authority  may  he  general  or  particular. 


POWERS  OF  ATTORNEY.  147 


In  all  cases,  where  a  man  has  a  power,  as  owner,  or  in 
his  own  right,  to  do  a  thing,  he  may  do  it  by  attorney. 

But  where  he  has  but  a  bare  authority,  or  power,  he 
cannot  act  by  attorney. 

If  he  acts  as  deputy  or  attorney  to  another,  he  cannot 
m£fke  an  attorney  for  himself.  If,  however,  the  warrant 
under  which  he  acts,  allows  of  a  substitution,  he  may 
place  another  person  in  his  stead :  but  such  person  be- 
comes the  attorney  of  the  principal,  and  must  act  in  his 
name. 

An  alien,  an  infant,  or  a  married  Avoman,  may  be  an  at- 
torney 

The  authority  ought  regularly  to  be  by  a  letter  of  at- 
torney under  seal. 

It  must  be  pursued,  according  to  the  words  and  intent  ; 
and  whatever  is  done,  should  be  in  the  name  of  the  per- 
son giving  the  authority. 

Jl  Power  from  Partners  to  collect  debts, 

KNOW  all  men  by  these  presents,  that  we,  A  B  and 
C  D,  of  &c.  have  made,  constituted,  authorised  and 
appointed,  and  in  our  place  and  stead  put,  and  by  these 
presents  we  do  make,  constitute,  authorise  and  appoint, 
and  in  our  place  and  stead  put  E  F  and  G  H,  of  &c.  and 
each  of  them  to  be  our  and  each  of  our  attorney  or  at- 
tornies,  jointly  and  severally,  for  us  and  each  of  us  in  our 
and  each  of  our  names  and  to  our  uses  to  demand,  attach, 
seize,  take,  sue  for,  levy,  recover  and  receive  by  all  law- 
ful ways  and  means  w  hatsoever,  of  and  from  all  and  ev- 
ery person  and  persons  whatsoever  whom  it  doth,  shall, 
or  may  concern,  and  particularly  of  and  from  J  K,  his 
heirs,  executorsand  administrators  or  any  of  them,  all  and 
every  sum  and  sums  of  money,  debts,  dues,  duties,  de- 
mands, goods,  chattels,  effects,  and  things  whatsoever, 
w  hich  now  are  or  hereafter  shall  be  and  grow  due,  owing, 
payable  or  belonging  unto  us  or  either  of  us  upon  or 
by  virtue  of  any  bond,  bill,  book,  grant,  covenant,  assign- 
ment or  deed,  or  upon  account  of  trading  or  dealing  or  up- 
on any  other  account,  or  by  any  other  ways  or  means  how- 
soever, in  any  manner  of  w  ise,  and  if  need  be  to  call  to  ac- 
count and  to  bring  to  a  reckoning,  and  to  adjust  and  set- 
tle accounts  with  all  and  every  person  and  persons  con- 


148 


POWERS  OF  ATTORNEY. 


cerned  in  the  premises  or  any  part  thereof,  and  upon  re- 
ceipt or  recovery  of  all  or  any  such  sum  or  sums  of  mo- 
ney, debts,  dues,  duties,  demands,  goods,  chattels,  effects, 
and  other  things,  or  any  part  (hereof  sufficient  acquittan- 
ces and  discharges  for  us  and  each  of  us,  and  in  our  or  ei- 
ther of  our  names  or  in  their  or  either  of  their  own  names 
from  time  to  time  to  make  and  give,  giving  and  by  these 
presents  granting  unto  our  said  attornies  and  each  of  them, 
full  power  and  authority  in  and  touching  the  premises  in 
our  and  each  or  either  of  our  names,  to  sue,  pursue,  ar- 
rest, attach-  seize,  implead,  imprison,  condemn  and  pros- 
ecute any  person  and  person*  2Sd  thence  and  thereof  a- 
gain  to  acquit,  discharge  and  out  of  prison  fo  release  ; 
also  to  take,  attach,  seize,  imprison,  prosecute  and  con- 
demn, the  lands  and  tenements,  goods  and  chattels,  rights, 
credits  and  debts  of  any  person  or  persons,  also  for  us  and 
each  of  us  to  appear  and  our  and  each  of  our  persons  to 
represent  in  all  or  any  court  or  courts  or  other  places  as 
demandants,  or  defendants,  in  any  suit,  action  or  appeal 
for  or  by  reason  of  the  premises  or  any  part  thereof ;  like- 
wise attorney  or  attornies  under  them  or  either  of  them 
to  set  and  substitute,  and  again  at  pleasure  to  revoke,  and 
generally  to  do,  act  and  perform  all  other  matters  and 
things  in  and  to  the  premises,  and  every  part  thereof  re- 
quisite and  necessary  as  fully  as  we  ourselves  might 
or  could  do  were  we  personally  present :  And  we  do 
hereby  ratify  and  confirm  all  and  whatsoever  our  said  at- 
tornies or  either  of  them  or  their  or  either  of  their  sub- 
stitutes, shall  legally  do  or  procure  or  cause  to  be  done, 
in  and  touching  the  premises,  or  any  part  thereof. 
In  witness,  &c. 

— -CM e»  a 

A  Power  of  Attorney  to  receive  a  Belt. 

KNOW  all  men  by  these  presents  that  I,  A  B,  of  \ 
have  made,  nominated  and  appointed,  and  by  these 

presents  do  make,  nominate  and  appoint  C  D  of  my 

true  and  lawful  attorney,  for  me  and  in  my  name,  and  for 
my  use  and  benefit  to  ask,  demand,  sue  for,  recover  and 

receive  of  and  from  E  F  of          all  such  sum  or  sums  of 

money,  debts  and  demands  whatsoever  which  are  now 
due  and  owing  unto  me  the  said  A  B,  by  and  from  the 
said  E  F,  and  to  have,  use  and  take  all  lawful  ways  and 


POWERS  OF  ATTORNEY. 


149 


means,  in  my  name  or  otherwise,  for  the  recovery  thereof, 
by  attachment,  arrest,  distress  or  otherwise,  and  to  com 
pound,  arbitrate,  and  agree  for  the  same:  and  acquittan- 
ces or  other  sufficient  discharges  for  the  same,  for  me  and 
in  my  name  to  make,  seal  and  deliver,  and  to  do  all  lawful 
acts  and  things  whatsoever  concerning  the  premises,  as 
fully,  and  in  every  respect,  as  i  myselt  might  or  could  do, 
were  I  personally  present;  and  attornies,  one  or  more 
under  him,  for  the  purposes  aforesaid,  to  make,  and  again 
at  his  pleasure  to  revoke,  ratify  ing  and  confirming,  and. 
by  these  presents  allowing  whatsoever  my  said  attorney 
shall,  in  my  name  lawfully  do,  or  cause  to  be  done,  in  and 
about  the  premises,  by  virtue  of  these  presents. 
In  witness,  &c* 


Jl  Power  to  receive  a  legacy. 

T7"N0W  all  men  by  these  presents,  that  whereas  A  B 

late  of  deceased,  by  his  last  will  and  testament, 

did  «;iv«  and  bequeath  unto  me  C  D  of  —  a  legacy  of 

 to  be  paid  unto  me  on  —  of  which  said  will  E  F 

of  and  G  H  of  are  joint  executors,  as  in  and 

by  *  he  said  will  may  appear.  Now  know  ye  that  1  the  said 
C  D  have  made,  ordained,  constituted  and  appointed  J  K 

of  my  true  and  lawful  attorney,  for  me,  and  in  my 

name,  and  for  my  use  and  benefit,  to  ask,  demand  and  re- 
ceive of  and  from  the  said  E  F  and  G  H  the  legacy  given 
and  bequeathed  unto  me  the  said  C  1)  by  the  said  will  of 
the  said  A  B  as  aforesaid  ;  and  upon  receipt  thereof  by,  or 
payment  thereof  to  my  said  attorney,  a  general  release  or 
discharge  for  the  same  to  make,  execute  and  deliver  : 
here  by  ratifying,  confirming  and  allowing  whatsoever  my 
said  attorney  shall  lawfully  do  in  the  premises. 
In  witness,  &c. 


Jl  Power  to  receive  the  rents  of  an  Estate. 

~LT  NOW  all  men  by  these  presents  that  1,  AB  of  

have  made, constituted  and  appointed,  and  by  these 
presents  do  make,  constitute  and  appoint  C  D  of  &c.  my 
true  and  lawful  attorney  for  me,  and  in  my  name,  and  for 
my  use  to  ask, demand  and  receive  all  such  rents  and  ar- 
rears of  rent,  which  now  are,  or  hereafter  shall  grow  due 
N2 


150 


POWERS  OF  ATTORNEY. 


ot  owing  to  me  from  E  F,  G  H,  I  K,  or  any  of  them,  as 
tenants  or  occupiers  of  any  lands,  tenements  or  heredita- 
ments belonging  to  or  claimed  by  me,  situate  at   or 

Which  may  be  due  from  or  payable  by  any  other  person 
©r  persons  whomsoever,  as  tenants,  occupiers,  or  lessees, 
or  assignees  of  any  term  or  terms  of  such  lands,  tene- 
ments or  hereditaments  or  any  of  them,  or  any  part  or 
parcel  of  them;  and  upon  receipt  thereof,  to  give  proper 
acquittances  and  sufficient  discharges  thereof;  And  in 
default  of  payment  thereof,  or  any  part  thereof  to  my  said 
attorney,  I  do  hereby  authorise  and  empower  him  my  said 
attorney,  for  me  and  in  my  name,  into  and  upon  the  said 
messuages  and  premises  to  enter  and  distrain,  and  the 
distress  and  distresses  there  found  and  taken  to  dispose  of 
according  to  law,  for  the  speedy  recovering  and  obtaining 
my  said  rent  and  arrears  of  rent ;  or  otherwise  to  proce  ed 
by  a  suit  or  suits  at  law  for  the  recovery  thereof,  as  by  him 
my  said  attorney  shall  bethought  fit ;  hereby  ratifying,  &c. 


A  Power  to  make,  a  distress. 

KNOW  all  men  by  these  presents,  thatl,  AB  of  
have  made,  constituted  and  appointed,  and  by  these 

presents  do  make,  constitute  and  appoint  C  D  of  my 

true  and  lawful  attorney,  for  me,  and  in  my  name,  to  take 
any  person  or  persons  to  his  assistance,  to  enter  into  and 

upon  all  those  my  lands,  at  now  in  the  occupation 

of  E  F,  or  his  assigns,  as  tenants  thereof,  and  there,  for  me 
and  in  my  name,  to  make  a  distress  of  all  such  cattle, 
horses,  corn,  hay,  goods  and  chattels,  as  are,  or  shall  be 
found  in  or  upon  the  premises,  for  one  half  year's  rent  due 
to  me,  out  of  and  for  the  premises  at  last;  And  af- 
ter the  said  goods  are  so  distrained,  if  the  said  E  F,  doth 
not  within  the  time  limited  by  the  statute  in  that  case  made 
and  provided,  replevy  the  same,  or  nay  the  said  rent,  then 
and  in  such  case,  I  do  her^  v  authorise  my  said  attorney 

to  cause  the  said  cattle    to  be  apprised  and  disposed 

of  according  to  law  the  money  arising  by  such  disposition 
or  s  lie  to  be  paid  over  in  such  manner  as  by  the  said  stat- 
ute is  directed.  And  for  whatsoever  my  said  attorney 
sh  ,11  la  wfully  do  in  or  about  the  premises,  these  presents 
shall  be  to  him  a  sufficient  warrant.    In  witness,  &c. 


FOWERS  OF  ATTORNEY.  151 


Power  of  Attorney  from  several  creditors  of  a 

person  deceased,  to  bring  actions,  §*c.  and  an 

appoimtment  of  a  Cashier  for  raising  and 

paying  money  to  defray  the  expenses. 

■mX^HERE  AS  A  B  late  of,  &e.  deceased,  died  indented 
to  us  whose  names  are  hereunder  subscribed  and 
to  several  other  persons,  by  bond,  bill,  note  or  otherwise  : 
KNOW  ALL  MEN  by  these  presents,  that  we  the  said 
creditors  do  hereby  authorise,  order,  appoint  and  im,  ow- 
er  I  T  of,  &c.  to  be  our  attorney,  agent  and  lawfui  solicitor, 
and  for  us,  and  in  our  names,  and  on  our  behalf,  to  exhibit 
or  prosecute  one  or  more  bills  in  the  court  of  chancery, 
against  such  person  or  persons  as  he  shall  be  advised,  for- 
an  equitable  discovery  and  accountof  the  estate  and  effects 
of  the  said  A  B,  which  is,  or  are,  or  shall  or  may  be  liable 
to  the  payment  of  our  said  debts  ;  and  also  in  our  names 
and  on  our  behalf  to  commence  or  prosecute  any  action 
or  actions,  suit  or  suits  in  law  or  equity,  or  otherwise,  as. 
he  the  said  1  T  shall  be  advised,  against  any  person  or 
persons  whomsoever,  who  hath  or  hav  e  possessed,  or  shall 
possess  himself  or  themselves  of  such  estate  and  effects 
of  the  said  A  h  in  order  lo  Die  recovery  of  the  said  debts  ; 
for  the  doing  of  which  this  shall  be  a  sufficient  warrant  to 
the  said  I  T.  And  in  order  for  the  carrying  on,  and  ef- 
fectually prosecuting  such  suit  or  suits,  action  or  actions, 
we  the  said  creditors  do  hereby  nominate,  constitute  and 
appoint  V/  W  of,  8cc.  one  of  the  said  creditors,  Cashier  in 
that  behalf,  and  do  hereby  aiso  promise  and  agree  to  and 
with  the  said  W  W  that  on  his  giving  ten  days  notice,  in 
writing  to  each  of  us,  we  will  f  om  time  to  time,  advance, 
pay  and  contribute  to  the  said  W  W,  each  of  us  in  pro- 
portion to  the  amount  of  our  respective  demands,  such 
sum  and  sums  of  mouey,  at  such  times  and  places  as  he 
shall  by  such  notice  in  writing  appo  nt,  as  may  be  neces- 
sary for  defraying  all  lawful  and  reasonable  costs  and 
charges  of  such  suit  or  suit?,  action  of  actions,  oi  which 
may  arise  by  reason  of  the  premises.    In  witness.  &v. 


POWERS  OP  ATTORNEY. 


Jl  Power  to  lease  or  sell  Lands. 

KNOW  all  men  by  these  presents,  that  whereas  I,  A 
B  of          am  seized  in  fee  of  and  in  all  that   

situate  — -  and  now  or  late  in  the  possession  or  occupa- 
tion of  — —  Now  know  ye>  that  I  the  said  A  B/iawemade, 
constituted  and  appointed,  and  by  these  presents  do  make, 
constitute  and  appoint  C  D  of  — .  my  true  and  lawful 

attorney,  for  me  and  in  my  name,  to  lease  the  said   to 

such  person  or  persous,  and  for  such  a  term  or  number  of 
years,  or  for  life  or  lives,  and  at  and  under  such  yearly  and 
other  rents  as  he  shall  think  fit ;  or  otherwise  to  sell  and 
dispose  of  the  same  absolutely  in  fee  simple,  for  such  price 
or  su  n  of  money,  and  to  such  person  or  persons  as  he  shall 
think  fit  and  convenient  :  and  also  forme,  and  in  my  name 
and  as  my  act  and  deed,  to  sign,  seal,  execute  and  deliver 
such  deeds  and  conveyances,  for  the  leasing  or  the  abso- 
lute sale  and  disposal  thereof,  or  of  any  part  thereof,  with 
such  clauses,  covenants  and  agreements  to  be  therein  con- 
tained, as  my  said  attorney  shall  think  fit  and  expedient; 
Hereby  ratifying  and  confirming  all  such  leases,  deeds,  con- 
veyances, bargains  and  sales,  which  shall  at  any  time  here- 
after be  made  by  my  said  attorney,  touching  or  concerning 
the  premises,  &c. 

Power  to  take  possession  of  lands  and  to  sell 
them. 

KNOW  all  men  by  these  presents,  That  I,  A  B  of,  &c. 
have  made,  authorised,  nominated  and  appointed, 
and  by  these  presents  do  make,  authorise,  nominate  and 
appoint  C  D,  of,  &c.  my  attorney  for  me  and  in  my  name, 
To  take  anu<  *°  mY  use  to  enter  into  and  take  possession 
possesion.  of  all  such  messuages,  lands,  tenements,  here- 
ditaments and  real  estate  whatsoever  in  the  state  of  New- 
York,  whereof  1  uow  am  or  hereafter  may  be  by  any  ways 
©r  means  howsoever,  entitled  to  or  interested  in,  either  in 
severalty  or  jointly,  or  in  common  with  any  other  person 
©r  persons 

To  sell  And  also  for  me  and  in  my  name  to  grant, 
and  convey,  bargain  and  sell  the  same  messua^s,  lands,  ten- 
ements and  hereditaments,  or  any  part,  share  and  propor- 
tion thereof,  and  all  such  right,  title,  interest,  claim  and 


POWERS  OF  ATTORNEY.  153 


demand,  both  in  law  and  equity  as  I  may  have  in  the  same 
for  such  sum  and  price  and  on  such  terms  as  to  him  shall 
seem  meet,  and  for  me  and  in  my  name  to  make,  execute 
and  deliver  good  and  sufficient  deeds  and  conveyances  for 
the  same  and  every  part  thereof,  either  with  or  without  cov- 
enants and  warranty. 

And  until  the  sale  thereof,  for  me  and  in  my  in  the  mean 
name  and  for  my  use,  to  let  and  demise  the  time  to  lease, 
same  real  estate  or  any  part  or  parts  thereof,  for  the  best 
rent  that  can  be  gotten  for  the  same. 

And  also  for  me,  and  in  my  name,  and  to  my  To  recover 
use  to  ask,  demand,  recover  awl  receive  all  rents,  #c 
Sums  of  money  which  shall  become  due,  owing  or  payable 
to  me  by  means  of  any  such  bargain,  sale  or  lease.  And 
to  have,  use  and  take  all  lawful  ways  and  means  for  the 
recovery  thereof  by  attachment,  arrest,  distress  or  other- 
wise, and  to  compound,  arbitrate  and  agree  for  the  same, 
and  acquittances  or  other  sufficient  discharges  for  the  same 
for  me  and  in  my  name  to  make,  seal  and  deliver,  and  gener- 
ally to  do,  execute  and  perform  every  thing  that  may  be  ne- 
cessary in  and  about  the  premises,  as  fully  in  every  respect 
as  I  myself  might  or  could  do,  if  1  was  personally  present. 

And  an  attorney  or  attornies  under  him  for  Power  of 
all  or  any  of  the  purposes  aforesaid  to  make  substitution- 
and  substitute,  and  again  at  pleasure  to  revoke.  And  I 
herebjr  ratify,  allow  and  confirm  all  and  whatsoever  my 
said  attorney  shall  do  or  cause  to  be  done,  in  and  about  the 
premises  by  virtue  of  these  presents.    In  witness,  &c. 


Special  Power  by  a  Widow  and  Executrix. 

|Z~  NOW  all  men  by  these  presents,  that  1,  A  B,  widow 
and  executrix  of  the  last  will  and  testament  of  B  B, 
late  of  deceased,  have  nominated,  constituted  and  ap- 
pointed, and  in  my  place  and  stead  put,  and  by  these 
presents  do  nominate,  constitute  and  appoint,  and  in  my 
place  and  stead  put  C  D  and  E  P  of,  &c.  my  trne  and  law- 
ful attorney  and  attornies  jointly  or  severally  (or  me  and  in 
my  name,  place  and  stead,  and  to  my  use,  to  ask, 
demand,  sue  for,  levy,  require,  recover  and  re-  ^t^^c* 
ceive  all  and  all  manner  of  goods,  chattels,  debts,  "  ' 
duties,  rent  and  rents,  sum  and  sums  of  money,  an ■■■  ;  ds 
whatsoever,  due  or  hereaftev  to  be  due,  owing  or  beiou^ine: 


154  POWERS  OF  ATTORNEY. 


unto  me  as  well  in  right  of  my  being  executrix  as  afore- 
said as  in  my  own  right  or  otherwise  howsoever,  by  any 
person  or  persons  whomsoever,  for  any  matter,  cause  or 
thing  whatsoever,  anil  upon  the  receipt  thereof  or  of  any 
part  or  parts  thereof,  to  make  and  give  acquittances,  or 
other  discharges  for  the  same,  in  my  name,  or  in  their  or 
either  of  their  own  names. 

To  enter  on  And  also  for  me  and  in  my  name  and  stead,  to 
lands.  &c.     enter  an(j  make  any  entry  or  en)rieg  intQ^  an(j 

take  possession  and  seizin  of  any  lands,  tenements  or  here- 
ditaments of  me  the  said  A  B,  and  for  me  and  in  my  name 
and  to  my  use  to  receive  and  take  all  or  any  rents,  issues 
and  profits  of  all  or  any  such  lands,  tenements  or  heredit- 
aments, and  to  let,  set,  sell,  or  otherwise  dispose  of  all  and 
any  part  and  parts  of  such  lands,  tenements,  hereditaments 
or  any  of  them,  in  such  sort,  manner  and  form  as  my  said 
attornies  or  either  of  them,  shall  think  proper. 

To  execute  And  also  all  and  every  deed  and  deeds,  con- 
writings,  &c.  veyanceandconveyances,  writing  and  writings, 
in  that  behalf  requisite  and  necessary,  or  which  my  said 
attornies  or  either  of  them,  shall  think  requisite  and  neces- 
sary for  me  and  in  my  name  to  make,  seal  and  deliver  as 
my  act  and  acts,  deed  and  deeds,  and  for  me  and  in  my  name 
to  take,  or  cause  to  be  taken,  any  distress  or  distresses,  and 
make  or  cause  to  be  made  any  avowry  or  avowrys,  conu- 
sance or  conusances  of  or  for  any  such  distress  or  dis- 
tresses. 

To  prose-  And  for  me  and  in  my  name  to  commence  and 
sute  suits-  prosecute  any  suit  or  suits,  action  or  actions,  as 
well  real  as  personal  or  mixt,  for  any  goods,  chattels,  debts, 
duties,  demands,  matter,  cause  or  thing  whatsoever,  dae 
or  belonging,  or  to  be  due  or  belonging,  unto  me,  or  to  be 
demanded,  or  that  may  be  demanded  by  me  in  any  court 
or  courts  of  law  or  equity,  or  in  any  other  court  or  place 
whatsoever,  and  the  same  action  and  actions,  suit  and 
suits,  and  every  of  them  to  prosecute  and  follow,  or  to 
discontinue  the  same  or  become  nonsuit  therein  if  they 
or  either  of  them  shall  see  cause  j  and  also  for  me  and  in 
my  name  to  use  and  take  all  such  courses,  ways  and 
means,  and  remedies  for  the  recovering,  receiving,  ob- 
taining or  getting  any  lands,  tenements,  rents,  heredita- 
Hjen  s  goo4a  and  chan*  is.  debts  demands,  duties,  sum 
and  sums  of  money,  or  other  things  whatsoever,  that  is* 


POWERS  OF  ATTORNEY.  1&5 


are  or  shall  be,  or  by  my  said  attornies  or  either  of  them, 
shall  be  conceived  or  thought  to  be  unto  me  belonging,  ap- 
pertaining, due,  owing  or  payable,  as  well  in  right  of  my 
being  executrix  as  aforesaid,  as  in  my  own  right,  or  any 
other  wise  howsoever,  as  I  myself  might  use  or  take,  if  I 
were  present  in  person. 

And  also  for  me  and  in  my  name  to  appear,  ^ 
make  answer  and  defend  in  all  manner  of  actions     sujts  £L?n 
and  suits  whatsoever,  as  well  real  as  personal  or 
mixt.  which  already  are  or  at  any  time  hereafter  shall  be 
commenced,  sued  or  taken  against  me  the  said  A  B,  as 
well  in  right  of  my  being  executrix  as  aforesaid,  as  in  my 
own  right  or  otherwise  howsoever  by  any  person  or  persons 
whatsoever. 

A  nd  also  for  me  and  in  my  name,  to  settle  and  To 
adjust  with  all  person  and  persons,  all  accounts  settlement!'6 
dues  and  demands,  subsisting  or  to  subsist  be- 
tween them,  any  or  either  of  them  and  me,  and  to  compound, 
arbitrate  and  agree  the  same  in  such  manner  as  my  said 
attornies  or  either  of  them  shall  think  proper. 

And  for  the  better  doing,  acting,  performing  Power  of 
or  executing  of  all  or  any  of  the  premises  I  substitution, 
do  hereby  further  give  unto  my  said  attornies  amt  either 
of  them  jointly  and  severally,  full  power  and  authority  to 
constitute,  appoint,  authorise,  and  in  their  place  and  stead 
put  and  substitute  one  or  more  attorney  or  attornies  forme 
and  as  my  attorney  or  attornies,  or  the  same  at  their 
pleasure  again  to  revoke  and  other  or  others  in  his  or 
their  place  to  substitute  and  appoint,  and  to  do,  execute 
ftnd  perform  and  finish  for  me  and  in  my  name  all  and  sin- 
gular those  things  which  shall  be  expedient  and  necessary, 
or  which  they  my  said  attornies  or  either  of  them  shall 
judge  expedient  and  necessary  in,  about,  for,  touching  or 
concerning  the  premises  or  any  of  them,  as  thoroughly,  am- 
ply and  fully,  as  I  the  said  A  B,  might  or  could  do,  in,  a- 
bout  or  concerning  the  same,  being  personally  present,  and 
whatsoever  my  said  attornies  or  either  of  them,  and  their 
or  either  of  their  substitutes  shall  do  or  cause  to  be  done, 
in,  about  or  concerning  the  premises  and  any  part  thereof, 
I  the  said  A  B  do  and  shall  ratify,  confirm  and  allow,  as 
fully  and  amply  as  if  I  mynelf  was  personally  present,  and 
did  the  same  in  my  own  person.   In  witness,  &c. 


0>6  POWERS  OP  ATTORNEY. 


Power  of  Attorney,  to  receive  dividends  on, 
or  to  transfer  Public  Stock. 

KNOW  ALL  MEN,  &c.  (hat  I   of,  &c.  do  here- 
by appoint  of  &c.  my  attorney,  for  me  and  in 

my  name  [if  for  interest  say]  to  receive  the  dividend  or  di- 
vidends, which  are  or  shall  be  payable  according  to  law  on 

the  day  of,  Arc.  on  all  [if  to  transfer  say]  to  transfer, 

assign,  sell  and  set  over  all  or  any  part  of,  [or  if  a  part  on- 
ly, say]  to  transfer,  &c.  dollars,  part  of  the  stock 

standing  in  my  name  in  the  books  of  the  treasury  of  the 
United  States  [Or  the  Commissioners  of  Loans  in  the  state 
of  New-York]  Avith  power  also,  one  or  more  persons  under 
him  to  substitute  with  like  power  ;  and  to  do  all  lawful  acts 
requisite  for  effecting  the  premises ;  hereby  ratifying  and 
confirming  all  that  my  said  attorney  or  substitute  or  substi- 
tutes shall  do  therein  by  virtue  hereof.  In  witness  whereof 
I  have  hereunto  set  my  hand  and  seal  the  —  day  of 
in  the  year  of 

Sealed  and  delivered 
in  presence  of 

Be  it  known;  That  on  the  ■       day  of  one  thousand 

eight  hundred  before  me,  J  H  W  one  of  the  public 

notaries  for  the  state  of  New- York,  duly  appointed  and 
commissioned,  residing  in  the  third  ward  of  the  city  of  Al- 
bany, came  A  B  within  named,  and  acknowledged  the  a- 
bove  letter  of  attorney  to  be  his  act  and  deed.  In  testi- 
mony whereof,  I  have  hereunto  set  my  hand,  and  affixed  my 
notarial  seal,  the  day  and  year  last  aforesaid. 


Power  to  vote  by  Proxy. 

KNOW  all  men,  &c.  that  I,  A  B  of,  &c.  do  hereby 
substitute  and  appoint  C  D  of,  &c.  to  be  my  proxy, 
for  me  and  in  my  name  and  behalf  to  vote  at  any  election 
of  Directors  [or  Trustees,  &c.  as  the  proper  style  may  be]  of 
the  &c.  [Describe  the  Bank,  or  Company,  &c.  by  its  corpo- 
rate name  or  title]  and  on  all  other  matters  which,  at  any 
regular  meeting  of  the  stockholders  [or  as  the  case  may  be] 
may  properly  come  before  them. 

In  witness  whereof  I  have  hereunto  set  my  hand  and 
seal,&c. 
In  presence  of 


m 

POWERS  OF  ATTORNEY.  T5? 

Military  Invalids. 

The  following  Directions  to  Invalid  Pensioners  were  issued 
from  the  War  Office,  in  1791. 

PENSIONS  payable  every  six  months  by  loan  Officers 
in  the  respective  states.  First  payment  to  be  4th> 
September,  1791.  Every  application  to  be  accompanied 
with  the  following  vouchers  ; 

1st.  The  certificate  given  by  the  state,  specifying  that: 
the  person  possessing  the  same  is  in  fact  an  invalid,  anil 
ascertaining  the  sum  to  which  as  such  he  is  annually  en- 
titled. 

2d.  An  affidavit  agreeably  to  the  following  form  ;  A  B 
came  before  me,  one  of  the  justices  of  the  county  of 

in  the  state  of  and  made  oath,  that  he  is  the  same  A 

B  to  w  hom  the  original  certificate,  in  his  possession,  was 
given,  of  which  the  following  is  a  copy  [the  certificate  giv- 
en by  the  state  to  be  recited]  that  he  served  [regiment* 
corps  or  vessel]  at  the  time  he  was  disabled,  and  that  he 
now  resides  in  the  and  county  of  and  has  resid- 
ed there  for  the  last  years,  previous  to  which  he  re- 
sided in  

In  ca3e  the  invalid  should  apply  for  payment  by  attor- 
ney, the  said  attorney,  besides  the  certificate  and  oath  be- 
fore recited,  must  produce  a  special  letter  of  attorney,  n~ 
greeableto  the  following  form;  I,  AB  of         county  ot" 

j  and  state  of  do  hereby  constitute  and  appoint 

C  D  of  my  lawful  attorney,  to  receive  in  my  behalf 

of  my  pension  for  six  months,  as  an  invalid  pension- 
er of  the  United  States,  from  the  4th  day  of  March  — 
and  ending  the  4th  day  of  September  of  the  same  year. 

Signed  and  sealed,  in  presence  of  

Acknowledged  before  

Power  of  Attorney  to  receive  pension. 

TT  NOW  all  men  by  these  presents,  that  I,  A  B  of  — 

in  the  county  of  and  state  of           an  invalid 

pensioner  of  the  United  States  of  America,  for  divers 
good  causes  and  considerations  me  hereunto  moving, 
have  made,  ordained,  constituted  and  appointed,  and  by 
these  presents  do  make,  ordain,  constitute  and  appoint  C 

D  of  my  true  and  lawful  attorney,  for  me  and  in  my 

O 


• 

158  POWERS  OF  ATTORNEY. 


name,  to  ask  and  receive  from  the  Secretary  at  war,  or 
such  other  officer  as  is  appointed  for  that  purpose,  such 
sum  or  sums  of  money  as  is  or  are  due  and  owing  unto 
me,  for  my  pension  as  a  — —  on  the  invalid  pension  list  of 

the  United  States  of  America,  from  the          day  of  — 

to  the  —  day  of  now  last  past,  in  virtue  of  the  laws 

in  such  case  made  and  provided  [or  if  the  invalid  is  spe- 
cially named  in  any  law,  here  insert  the  title  of  such  law] 
With  power  also  one  or  more  attornies  under  him  to 
make  and  substitute,  and  to  do  all  lawful  acts  requisite 
for  effecting  the  premises  ;  hereby  ratifying  and  confirm- 
ing all  and  whatsoever  my  said  attorney  or  substitute  or 
substitutes,  shall  do  therein  by  virtue  hereof.     In  witness 

whereof,  1  have  hereunto  set  my  hand  and  seal,  the   

day  of  in  the  year  of  our  Lord,  one  thousand  — - 

Sealed,  &c. 

Acknowledgment. 

83.    Personally  came  before  me,  E  F,  esquire, 

one  of  the  justices  of  the  peace  of  the  county  of  A  B, 

the  invalid  pensioner  within  named,  and  acknowledged 
the  above  letter  of  attorney  to  be  his  voluntary  act  and 
deed.  In  testimony  whereof,  I  have  hereunto  set  my  hand 
this  day  of  in  the  year  of  our  Lord  one  thou- 
sand   

Note — The  periods  at  which  half  yearly  pensions  be- 
come due,  are  the  5th  March  and  5th  September.  It  is 
therefore  proper  to  insert  in  the  power,  from  the  5th 
March  to  the  4th  September,  or  from  the  5th  September 
to  the  4th  March,  as  the  case  may  be. 

A  special  power  of  Attorney  by  substitution. 

■Z"NOW  all  men  by  these  presents,  that  I,  A  B  of,  &c. 
P^-  by  virtue  of  the  power  and  authority  to  me  given  by 
a  certain  letter  of  attorney  bearing  date,  &c.  and  executed 
by  C  D  of,  &c.  have  nominated  and  appointed,  and  by 
these  presents  do  nominate  and  appoint  I  E  of,  &c.  as  my 
substitute  and  the  attorney  of  the  said  C  D,  to  enter  into 
and  upon  all  and  singular  the  lands,  tenements  and  here- 
ditaments to  the  said  C  D  belonging  at  &c.  and  to  tal  * 


POWERS  OF  ATTORNEY. 


159 


possession  of  the  same  in  his  name  and  for  his  use  ;  and 
also  to  demand  and  receive  all  rents  now  in  arrear,  or 
which  may  hereafter  become  due  from  the  tenants,  hold- 
ers or  occupiers  of  such  lands,  tenements  and  heredita- 
ments, or  any  part  or  parcel  thereof,  and  to  give  acquit- 
tances and  discharges  for  the  same ;  and  also  in  default 
of  payment  of  such  rents  or  any  part  or  parcel  thereof,  to 
levy  the  same  by  distress  according  to  law,  or  to  prose- 
cute for  the  same  by  action.    In  witness,  See. 


A  general  Power  by  Substitution. 

¥7"  NOW  all  men  by  these  presents,  that  whereas  A  B 
of  &c.  by  his  certain  letter  of  attorney  bearing  date 
the  &c.  did  make,  &c.  (reciting  the  power  at  large)  as  by 
the  same  letter  of  attorney  reference  being  thereunto  had 
will  more  fully  appear.  Now  know  ye  that  I  the  said  C  D, 
the  attorney  so  named,  in  virtue  of  the  authority  to  me 
given,  in  and  by  the  said  letter  of  attorney  have  nominated 
and  appointed,  and  by  these  presents  do  nominate  and  ap- 
point J  Eof,  &c.  as  my  substitute  and  the  attorney  of  the 
said  A  B  for  the  purposes  in  the  said  letter  of  attorney 
mentioned,  and  as  the  attorney  of  the  said  A  B,  to  do,  per- 
mit, suffer  and  perform,  all  and  singular  the  matters  and 
things  in  the  said  letter  of  attorney  specified,  and  which 
by  the  said  letter  of  attorney  I  am  authorised  to  do,  per- 
mit, suffer  or  perform.    In  witness,  &c. 


A  Revocation  of  a  letter  of  Attorney. 

KNOW  all  men  by  these  presents,  that  whereas  I,  A 
B  of  in  and  by  my  letter  of  attorney,  bearing 

date  did  make,  constitute  and  appoint  C  D  of  

my  attorney,  for  recovery  of  all  debts  and  sums  of  money 

whatsoever  due  to  me  the  said  A  B  from  E   F  of  

as  by  said  letter  of  Attorney  may  appear  :  Now  know  ye, 
that  1  the  said  A  B  have  revoked,  countermanded,  annul- 
led and  made  void,  and  by  these  presents  do  revoke,  coun- 
termand, annul,  and  make  void,  the  said  letter  of  attorney 
and  all  power  and  authority  thereby  given  or  intended  to 
be  given  to  the  said  C  D.    In  rvihm.?,&c. 


RELEASES  OR  ACQUITTANCES. 


PRACTICAL  REMARKS. 

A  release  must  be  by  an  instrument  sealed  ;  and  the 
most  beneficial  release  which  a  man  can  have  is  one  of  all 
demands. 

Where  a  person  has  a  cause  of  action  against  several, 
either  for  a  debt  due  or  a  wrong  done,  and  for  which  they 
are  jointly  and  separately  liable,  it  seems  that  a  release  to 
one,  is  a  release  to  all. 


Jl  Release  made  in  pursuance  of  an  award. 

KNOW  ALL  MEN  by  these  presents,  that  I,  J  S  of 
&c.  in  the  county  of,  &c.  have  remised,  released, 
and  forever  quit-claimed  ;  and  by  these  presents  do  re- 
mise, release,  and  forever  quit-claim  unto  R  S  of,  &c.  in 
the  said  county,  his  heirs,  executors  and  administrators, 
all  actions,  cause  and  causes  of  action,  judgments,  suits, 
controversies,  trespasses,  debts,  duties,  damages,  ac- 
counts, reckonings  and  demands  whatsoever,  for  or  by 
reason  of  any  matter,  cause  or  thing  whatsoever,  from 

the  beginning  of  the  world  to  the  — —  day  of   last, 

save  and  except  my  right  to  redeem  a  certain  farm  now 
in  mortgage  to  (he  said  R  S,  at  the  ti?ne,  under  the  terms 
and  in  the  manner  prescribed  in  and  by  a  certain  award 

ttiade  the  day  of  in  the  year  by  S  K  of  cSjc. 

on  a  reference  to  him  of  all  disputes  between  me  and  the 
said  R  S — In  witness. 


A  Release  of  a  Trust. 

"IT"  NOW  all  men  by  these  presents,  that  whereas  iu 

JisL  ana<  by  certain  indentures  of   bearing  date  on 

or  about  and  made  or  mentioned  to  be  made  between 

C  D  of  of  the  one  part,  and  me  A  R  of  —  of  the 

other  part,  the  said  C  D  for  the  considerations  therein 


RELEASES  OR  ACQUITTANCES.  |§1 


oientioned,  did  grant  — .    In  which  said  indenture  of 

 I  the  said  A  B  do  hereby  declare,  that  my  name  was 

oniy  used  in  trust  for  E  F  of  .    Now  know  ye,  that  f 

the  said  A  B,Tn  ^discharge  of  the  trust  in  me  reposed  as 
aforesaid,  and  at  the  request  of  the  said  EF  have  remis- 
ed, released,  surrendered,  assigned,  transferred  and  set 
over,  and  by  these  presents  do  for  me,  my  executors  aud 
administrators,  freely  and  absolutely  remise,  release,  sur 
render,  assign,  transfer,  and  set  over  unto  the  said  E  F, 
his  executors,  administrators  and  assigns,  all  the  estate, 
right,  title,  interest,  benefit,  trust,  claim  and  demand 
whatsoever,  which  I  the  said  A  B,  my  executors  or  ad- 
ministrators, can,  shall  or  may  have,  or  claim  of,  in  or  to 
the  said  premises,  or  of,  or  in  any  sum  or  sums  of  money, 
or  other  matter  or  thing  whatsoever,  in  the  said  inden- 
ture of  contained,  mentioned  and  expressed  ;  so  that 

neither  I  the  said  A  B,  my  executors  or  administrators,  at 
any  time  hereafter,  shall  or  will  claim,  challenge  or  de- 
mand any  interest,  property,  benefit  or  other  thing,  in  any 
manner  whatsoever,  by  reason  or  means  of  the  said  inden- 
ture or  any  covenant  therein  contained;  but  thereof  and 
therefrom,  and  of  and  from  all  actions,  suits  and  demands, 
which  1,  my  executors  or  administrators,  may  have,  con- 
cerning the  same,  shall  be  forever  debarred  by  these 
presents,    lu  wituess,  Sec. 

A  Release  of  a  Legacy. 

K VOW  all  men  by  thes<  presents.  That  nhcrcas  A  B 
of  by  his  last  will  and  testament  in  writing, 

hearing  date  did  among  other  legacies  therein  con- 
tained, give  and  bequeath  unto  me,  C  D  of  — —  the  sum 
or  legacy  of  and  of  his  said  v.  ill  made  and  constitut- 
ed E  F,  sole  executor,  as  in  and  by  the  said  will  may  ap- 
pear. Now  know  yc,  that  I  the  said  C  D  do  hereby  con- 
fess and  acknowledge,  that  1  hav<-  had  and  received  of  and 
from  the  said  E  F  the  legacy  or  sum  of   so  as  afore- 
said given  and  bequeathed  unto  me  by  the  said  A  B.  And 
therefore  I  do  I. y  these  ;  resents  acquit,  release  and  dis- 
charge the  said  E  F  of  and  from  all  legacies,  dues,  duties 
Mid  demands  whatsoever,  which  I,  ms  ex<cut<«rs  or  ad- 
ministrators Blty  have,  claim,  ch  Ilengeor  demand  of  or 
against  the  said  E  F,  his  executors  or  administrators,  by 


162       RELEASES  OR  ACQUITTANCES. 


virtue  of  the  said  last  will  and  testament  of,  or  out  of  the 
estate  of  the  said  A  B  deceased  as  aforesaid. 
In  witness,  &c. 

A  releasefrom  a  legatee  upon  his  coming  to  age. 

KNOW  all  men  by  these  presents,  That  whereas  A  B 
of  made  his  last  will  and  testament  in  writing 

bearing  date  and  among  other  legacies  therein  con- 
tained, did  give  and  bequeath  unto  me,  C  D  of   his 

son,  the  annual  sum  of  —  to  be  paid  to  me  quarterly* 
until  I  should  attain  the  age  of  one  and  twenty  years; 
and  of  his  will  constituted  E  F  and  G  H  joint  executors, 
as  in  and  by  the  said  will  may  appear  :  And  wlwreas,  the 
said  E  F  and  G  H  did  jointly  accept  of  the  said  executor- 
ship and  trust,  and  I,  the  said  C  D  have  attained  my  said 
age  of  twenty-one  years  :  And  whereas,  the  said  E  F  and 
G  H  have  made  up  an  account  with  me,  the  said  C  I>  of 
all  monies  received  and  paid  by  the  said  E  F  and  G  H 
and  all  transactions  in  pursuance  of  the  said  executor- 
ship and  trust;  and  have  not  only  paid  me,  the  said  C  D 
the  halance  of  such  accounts,  but  also  delivered  unto  me 
all  the  writings  and  papers  belonging  to  the  estate  of  the 
said  deceased  A  B.  Now  know  ye,  that  I  the  said  C  D 
being  fully  satisfied  in  the  premises,  have  remised,  release 
ed,  and  forever  quit  claimed,  and  by  these  presents,  do 
remise,  release  and  forever  quit  claim  unto  the  said  E  F 
and  G  H,  and  each  of  them,  their  and  each  of  their  execu- 
tors and  administrators,  all  reckonings  and  accounts,  sunt 
and  sums  of  money  by  them  had  and  received,  in  pursu- 
ance of  the  said  trust,  or  by  any  means  of  their  being  ex- 
ecutors to  the  said  A  B  as  aforesaid;  and  also  of  and  from 
all  other  reckonings,  accounts  and  demands  whatsoever, 
from  the  beginning  of  the  world  to  the  day  of  the  date  of 
these  presents.    In  witness,  &c. 


Release  to  an  executor  very  special. 

TO  all  to  whom  these  presents  shall  come  R  C  of  &c. 
and  C  his  wife  (one  of  the  daughters,  devisees  and  le- 
gatees named  in  the  !ast  will  and  testament  of  J  K  late  of 
&c.  deceased)  send  greeting  :  whereas  the  said  J  K  at  the 
time  of  his  death  being  possessed  of,  interested  in,  or  entr- 


RELEASES  OR  ACQUITTANCES.  id 

fled  unto  a  considerable  personal  estate,  did,  on  or  about 

the  day  of          in  the  year    make  and  duly 

publish-fiis  last  will  and  testament  in  writing,  and  thereby 
gave,  devised  and  bequeathed  unlo  his  the  said  testaforV 
two  daughters,  the  said  C  C  and  M  D  the  wife  of  T  D,  all 
his  the  said  testator's  estate,  both  real  and  personal,  to  be 
equally  divided  between  them  share  and  share  alike. 
And  the  said  testator  appointed  T  E,  executor  of  his 
said  will.  Tn  trust  to  sell  the  saleable  part  of  his,  the 
said  testator's  estate  and  effects,  and  to  apply  the  same 
according  to  the  directions  in  his  said  will  as  by  the  said 
will  relation  being  thereunto  had  may  more  fully  and  at 
large  appear  *  by  virtue  of  which  said  will  he  the  said']' 
E  possessed  himself  of  so  much  of  the  personal  estate  of 
the  said  testator  as  could  be  received,  in  trust  as  afore- 
said. And  w  hereas  the  said  T  E  has  paid  unto  the  said 
T  I)  and  M  his  w  ife,  the  proportionable  share  or  interest 
in  the  said  testator's  estate  and  effects,  and  is  willing  and  de- 
sirous to  pay  to  the  said  R  C  and  C  his  wife,  their  pro- 
portionable share  thereof  on  being  indemnified  and  re- 
leased in  such  manner  as  hereinafter  is  menlioned.  And 
whereas  the  said  T  E  hath  received  in  cash  and  by  sale 
of  the  saleable  part  of  the  said  testator's  estate  and  effects 

the  sum  of  And  there  are  now  several  notes  of  hand 

and  book  debts  still  outstanding,  which  are  due  to  the 
said  testator's  estate,  which  cannot  be  by  him  got  in  and 
received, (notwithstanding  he  hath  used  his  utmost  en- 
deavours so  to  do)  and  which  he  apprehends  are  desperate, 
and  on  fair  and  just  account  now  stated  between  the  said 
T  E  and  R  C  and  C  his  wife,  and  after  all  charges,  ex- 
penses and  disbursements  thereout  allowed  and  deduct- 
ed, there  now  remains  due    to  the  said   RC  and  C  his 

wife  on  the  balance  thereof  the  sum  of  

Now  these  presents  witness,  that  for  and  in  considera- 
tion of  the  said  sum  of  to  the  said  R  C  and  C  his 

wife,  in  hand  well  and  truly  paid  by  the  sfid  T  E,  at  or 
before  the  sealing  and  delivery  of  these  presents,  the  re- 
ceipt whereof  they  the  said  R  C  and  C  his  wife  do  hereby 
respectively  acknowledge,  and  thereof  and  of  and  from 
every  part  and  parcel  thereof,  do  and  each  of  them  doth 
acquit,  release  and  discharge  the  said  T  E,  his  executors 
and  administrators  by  these  presents,  being  in  full  foe 
their  share,  of  all  the  personal  estate  and  effects  of  the 


154       RELEASES  OR  ACQUITTANCES. 


said  testator  come  to  the  hands  of  the  said  T  E,  they  the 
said  R  C  and  C  his  wife,  have  and  each  of  them  hath  re- 
leased, exonerated  and  discharged,  and  by  these  presents 
do  and  each  of  them  doth  release,  exonerate  and  discharge 
the  said  T  E,  his  executors  and  administrators,  of  and  from 
the  trusts  so  vested  in  him,  in  and  by  the  will  of  the  said 
J  K  as  aforesaid. 

And  also  of  and  from  all  sum  and  sums  of  money  what- 
soever, by  him  the  said  T  E,  received  under  or  by  virtue  of 
the  trusts  aforesaid,  and  also  of  and  from  all  accounts,  mat- 
ters and  things  whatsoever,  relating  to  the  personal  estate 
of  5  he  said  testator,  or  otherwise  touching  or  concerning  the 
same. 

And  these  presents  further  witness,  that  for  the  consider^ 
ations  aforesaid,  they  the  said  R  C  and  C  his  wife,  have 
and  each  of  them  hath  remised,  released  and  forever  quit- 
claimed, ami  by  these  presents  do  and  each  of  them  doth 
remise,  release  and  forever  quit-claim  unto  the  said  T  E, 
his  heirs,  executors  and  administrators,  all  and  all  manner 
of  action  and  actions,  suit  and  suits,  cause  and  causes  of 
action  and  suits,  both  at  law  and  in  equity,  or  otherwise 
howsoever,  which  they  the  said  RC  and  C  his  wife,  or  ei- 
ther of  them  now  have  or  ever  had,  or  which  they  or  either 
of  them,  their  or  any  of  their  heirs,  executors  or  adminis- 
trators at  any  time  hereafter  can,  shall  or  may  have,  claim, 
challenge  or  demand  against  the  said  T  E,  his  executors  or 
administrators,  for  or  on  account  of  his  being  executor  or 
trustee  under  the  will  of  the  said  testator,  or  acting  in  the 
disposition  or  intermeddling  with  the  said  personal  estate 
Or  otherwise  howsoever,  touching  or  concerning  the  same 
from  the  beginning  of  the  same  to  the  day  of  the  date  of 
these  presents. 

And  lastly,  he  the  said  R  C,  for  himself  and  for  the  said 
C  his  wife,  their  executors  and  administrators  doth  hereby 
covenant,  promise  and  agree  to  and  with  the  said  T  E,  his 
executors  anil  administrators  by  these  presents,  that  in 
case  there  shall  at  any  time  hereafter  appear  to  be  any 
just  debts  due  from  the  estate  late  of  him  the  said  J  K,  to 
any  person  or  persons  whomsoever,  that  then  and  ia 
such  case  he  the  said  R  C  ami  C  his  wife  or  one  of  them, 
some  or  one  of  their  executors  or  administrators  shall 
an  t  will  well  and  truly  pay,  satisfy  and  tlteeharee  ihe 
same  ;  aud  also  shall  and  will  from  time  to  time  and  at 


■4 


RELEASES  OR  ACQUITTANCES.  165 

all  times  hereafter,  well  and  sufficiently  save  harmless  and 
keep  indemnified  the  same  T  E,  his  heirs,  executors  and 
administrators,  and  his  and  their  and  every  of  their  lands 
and  tenements,  goods  and  chattels,  as  well  of  and  from 
the  payment  of  all  and  every  the  debts  which  are  now 
due  from  the  estate  late  of  the  said  J  K  as  aforesaid,  as  also 
of  and  from  and  against  all  actions,  suits,  costs,  charges, 
damages  and  expenses  whatsoever,  which  shall  or  may 
be  brought  or  commenced  against  the  said  T  E,  his  exec- 
utors or  administrators,  of  which  he,  they  or  any  or  either 
of  them  shall  or  may  pay,  bear,  sustain,  suffer  or  be  put 
unto  for  or  by  reason  or  on  account  of  the  said  T  E,  act- 
ing as  executor  or  trustee  as  aforesaid,  under  the  will  of 
the  said  J  K  or  otherwise  howsoever.    In  witness,  &c. 


A  general  release  from  one  to  one. 

1Z"N0W  all  men  by  these  presents,  that  i,  A  B  of,  &c. 

have  remised,  released,  and  forever  discharged,  and 
by  these  presents  do  for  me,  my  heirs,  executors  and  ad- 
ministrators, remise,  release,  and  forever  discharge,  B  C 
of,  &c.  his  heirs,  executors  and  administrators,  of  and  for 
all  and  all  manner  of  actions,  causes  of  action,  suits,  debts, 
dues,  sums  of  money,  accounts,  reckonings,  bonds,  bills, 
specialties,  covenants,  contracts,  controversies,  agree- 
ments, promises,  variances,  damages,  judgments,  extents, 
executions,  claims  and  demands  whatsoever,  in  law  and 
equity,  which  against  tbe  said  B,  I  ever  had,  now  have,  or 
which  I,  my  heirs,  executors  or  administrators  hereafter 
can.  shall  or  may  have,  for,  upon,  or  by  reason  of  any  mat- 
ter, cause  or  thing  whatsoever,  from  the  beginning  of  the 
world  to  the  day  of  the  date  of  these  presents. 
In  witness,  8cc. 

From  two  to  one, 

f  |^HAT  we  A  B  of,  &c.  and  C  1J,  of  etc.  have  and  each 
_fl_  of  us  hath  remised,  &c.  and  by,  &c.  do,  and  each  of 
us  doth  for  us,  and  each  of  our  heirs,  &c.  remise,  &c.  which 
against  tbe  said  E,  we,  or  either  of  us  ever  bad,  have,, 
or  which  we,  or  either  of  us,  our  or  either  of  our  heirs,  &c. 
hereafter  can,  &c. 


165       RELEASES  OR  ACQUITTANCES. 

A  release  between  two  traders  or.  settlir-.g 
accounts. 

YY'HEREAS  =■; 

Y  Y  "-;        .  -  -  . . . 

and  defending  for  many  years  last  past,  between  B  ?  J. 
&c-  and  H  J  late  oC,  Arc.  but  now  of,  &c  which  said  ae- 
cr.-jia-5  and  Sealing  they  the  said  BP  an  1  H  J  have  -A- 
anced  and  adjusted,  by  which  balance  it  appears  that  notb- 
'mz  remains  due  final  the  one  to  the  other;  therefore  to  pre- 
vent anv  furore  disputes  :orjehirj£  or  c onrjenang  s:en  ac- 
count- and  dealing,  and  to  ascertain  and  eonrtrm  such  :>al- 


en:s.    in  witness,  &.c. 

*_\~  B.  Alter  the  morris,  all  run. 

B  P  :  j:  H  J.  and  instead  «  H  J  r-ut  B  P 


K 


vl  e' 


Release  to  a  Guardian. 

,  ,       _    .  ;i  e~   .--.rs.  .  ,:  L  M. 


Inch  betbes  id  L 
;iec  *Jtors  or  a  dm  is- 


WILLS. 


167 


istrators,  at  any  time  hereafter,  can  or  may  have,  claim, 
or  demand  against  the  said  i  H,  his  executors,  or  adminis- 
trators, for,  touching  or  concerning  the  management  and 
disposition  of  any  of  the  lands,  tenements  or  hereditaments 
of  the  said  L  M,  situate,  &c.  or  any  part  thereof,  or  for  or 
by  reason  of  any  money,  rents  or  other  profits  by  him  re- 
ceived out  of  the  same,  or  any  payments  Hide  'hereof  dur- 
ing the  minority  of  the  said  L  M,  or  by  reason  of  any  mat- 
ter, cause,  or  thing  whatsoever,  from  the  beginning  of  the 
world  to  the  day  of  the  date  hereof.    In  witness,  &c. 


WILLS. 


PRACTICAL  REMARKS. 

If  a  man's  estate  consists  merely  of  personal  property, 
he  may  make  his  \m11,  without  witnesses,  but  it  is  best  to 
have  them. 

If  real  estate  is  to  pass  by  it,  there  must  be  three  witness- 
es at  least ;  and  these  witnesses  must  subscribe  the  will,  in 
the  presence  of  the  testator. 

The  attestation  is  sure  to  be  good,  if  the  testator  signs 
the  will  in  the  presence  of  three  witnesses — tells  them  it  is 
his  will,  and  requests  them  to  witness  it — and  sees  them 
write  their  names  as  witnesses. 

In  drawing  the  will,  it  ought  to  be  recollected,  that  any 
provision  made  in  it  for  the  wife,  will  not  prevent  her  hav- 
ing dower  also,  unless  it  is  declared  to  be  in  lieu  of  dower. 

In  a  devise  of  real  estate,  it  is  always  adviseable  to  say 
what  interest  is  intended  to  be  given  whether  for  years,  or 
life,  or  forever;  and  also  to  describe  the  property  with  rea- 
sonable certainty. 

Lands  purchased  after  making  a  will,  do  not  pass  by  it, 
unless  it  is  republished  :  nor  will  after  bom  children  receive 
any  benefit  from  it,  unless  they  are  provided  for  by  a  codicil. 

The  republishing  of  a  w  ill,  is  in  fact  a  new  execution  of 
it,  and  it  may  be  done  in  the  presence  of  the  former,  or  any 
other  three  witnesses. 

A  codicil  is,  as  far  as  it  goes,  a  new  and  supplemental 
will,  and  requires  a  like  attestation,  with  the  oriffnal  will. 


WILLS. 


The  form  of  a  Will,  with  the  devise  of  a  Real 
Estate,  Leasehold,  5fc. 

THE  last  Will  and  Testament  of  A  C,  of,  &c.  I,  A  C, 
considering  the  uncertainty  of  this  mortal  life,  and 
being;  of  sound  mind  and  memory,  (blessed  be  Almighty 
God  for  the  same)  do  make  and  publish  this  my  last  will 
and  testament,  in  manner  and  form  following,  (that  is  to 
say,)  First,  I  give  and  bequeath  unto  my  beloved  wife  J  C 

the  sum  of  .    Item,  I  give  and  bequeath  to  my  eldest 

son  G  C  the  sum  of  .    Item,  I  give  and  bequeath  unto 

my  two  younger  sons  .1  C  and  F  C  the  sum  of  each. 

Item,  I  give  and  bequeath  to  my  daughter-in-law,  S  H,  sin- 
gle woman,  the  sum  of  which  said  several  legacies  or 

sums  of  money  I  will  and  order  to  be  paid  to  the  said  res- 
pective legatees  within  six  months  after  my  decease.  I 
further  give  and  devise  to  my  said  eldest  son  G  C,  his 
heirs  and  assigns,  all  that  messuage  or  tenement,  situated, 
lying  and  being  in,  &e.  together  with  all  my  other  freehold 
estate  whatsoever,  to  hold,  to  him  the  said  G  C,  his  heirs 
and  assigns  forever.  And  1  hereby  give  and  bequeath  to 
my  said  younger  sons  J  C  and  F  C  all  my  leasehold  estate 
of  and  in  all  those  messuages  or  tenements  with  the  ap- 
pertenances,  situate,  &c.  equally  to  be  divided  between 
them.  And  lastly,  as  to  all  the  rest,  residue  and  re- 
mainder of  my  personal  estate,  goods  and  chattels  of  what 
kind  and  nature  soever,  I  give  and  bequeath  the  same 
to  my  said  beloved  wife  J  C  whom  I  hereby  appoint  sole 
executrix  of  this  my  last  will  and  testament;  hereby  revok- 
ing all  former  wills  by  me  made.    In  witness  whereof  I 

have  hereunto  set  my  hand  and  seal,  the  day  of 

in  the  year  of  our  Lord  one  thousand   A  C. 

Signed,  sealed,  published  and  declared  by 
the  above  named  A  C,  to  be  his  last  will 
and  testament,  in  the  presence  of  us  who 
have  hereunto  subscribed  our  names  as 
"witnesses,  in  the  presence  of  the  testator. 

R  S, 
WT, 
T  W. 


WILLS. 


A  Codicil  to  a  Will,  that  is  to  say,  a  Supplement  or  addition 

to  it. 

WHEREAS  I,  A  C,  of,  &c.  have  made  my  last  will  anil 
testament  in  writing,  bearing  date,  &c.  [and  have 
thereby,  &c.  &c]  Now  I  do  by  this  my  writing,  which  E 
hereby  declare  to  be  a  codicil  to  my  said  will,  to  be  taken  as 
a  part  thereof,  [will  and  direct,  &c.  &c]  give  and  be- 
queath to  my  niece  M  S  one  gold  watch,  one  large  diamond 
ring,  and  one  silver  coffee-pot.  And  whereas  in  and  by  my 
last  will  and  testament,  I  have  given  and  bequeathed  to  my 

daughter-in-law  G  H  the  sum  of  1  do  hereby  order  ant! 

declare,  that  my  will  is  that  only  the  sum  of  be  paid  un 

to  her  in  full  of  the  said  legacy  I  have  as  aforesaid  given 
and  bequeathed  unto  her;  and  that  the  remainingpart  of  the 
said  legacy  be  given  and  paid  to  my  nephew  E  G.  And  last- 
ly, it  is  my  desire,  that  this  my  present  codicil  be  annexed  to 
and  made  a  part  of  my  last  will  and  testament  to  all  intents 
and  purposes.  In  witness  whereof  I  have  hereunto  set  my 
hand  and  seal  this  day  of  —  &e.  A  C. 

Signed,  sealed,  published  and  declared  by  the  a- 
bove  named  A  C  as  a  codicil  to  be  annexed  to 
his  said  last  will  and  testament,in  the  presence 
of 

R.  S. 
W.  T. 
T.  W. 

Clause  concerning  Disputes  about  any  Gift  or  Bequest  in  a 
Will. 

AND  lastly,  my  express  will  and  meaning  is,  and  I  do 
hereby  older  and  appoint,  that  if  any  difference,  dis- 
pute, question  or  controversy  shall  be  moved,  arise,  or  hap- 
pen concerning  any  gift,  bequest,  matter  or  thing  in  this  my 
will  given  and  bequeathed,  expressed  or  contained,  that 
then  no  suit  or  suits,  in  law  or  equity,  or  otherwise,  shall  be 
brought,  commenced  or  prosecuted,  for  and  concerning  the 
same,  but  the  same  shall  be  referred  wholly  to  the  award, 
order  and  determination  of  my  friends  F  H  and  R  1),  both 
of,  <fec.  and  what  they  shall  order, direct  or  determine  there- 
in, shall  be  binding  and  conclusive  to  all  and  every  person 
and  persons  therein  concerned. 

P 


WILLS. 


Proviso  that  Sums  advanced  by  Testator  in  his  life  time  to 
Children,  shall  be  taken  as  part  of  Portion. 

PROVIDED  always,  and  I  do  hereby  declare,  that  in 
case  I  shall,  in  my  life  time,  advance  and  pay  to  any  of 
my  children  either  sons  or  daughters,  any  sum  or  sums  of  mo- 
ney for  his  or  their  benefit  or  advancement  in  the  world  or 
otherwise,  and  shall  signify  the  same  in  writing  under  my 
hand,  then  if  any  such  sum  or  sums  shall  be  equal  to  the 
share  or  shares  of  such  child  or  children  respectively,  of  and 
in  the  premises,  &c.  by  me  hereby  devised  or  bequeathed 
for  their  respective  benefits,  such  sum  or  sums  so  paid  or  ad- 
vanced, shall  in  that  case  be  accounted  in  full  satisfaction 
of  the  share  or  shares  of  such  child  or  children  respectively, 
in  the  said  estate  and  premises  ;  but  if  such  advanced  sum 
or  sums  shall  be  less  than  the  share  or  shares  of  such  child  or 
children  respectively,  of  and  in  the  said  premises,  &c.  then 
such  advanced  sum  or  sums  shall  be  accounted  as  part  only 
of  the  share  or  shares  of  such  child  or  children  therein,  and 
in  that  case  such  child  or  children  shall  not  receive  or  be 
entitled  to  any  share  or  interest  of,  or  in  such  parts  of  the 
said  premises,  &c.  which  shall  have  been  paid  or  advanced 
to  him,  her  or  them  for  the  purposes  aforesaid,  until  the  other 
or  others  of  such  child  or  children  shall  have  received  as 
much  of  the  said  premises,  &e.  as  shall  make  his,  her  or 
their  share  or  shares  thereof  equal  to  what  shall  have  been 
so  paid  or  advanced  to  or  for  the  benefit,  advantage  or  pre- 
ferment of  such  child  or  children  respectively  ;  to  the  end 
and  intent  that  the  said  premises  may  be  equally  divided 
among  all  such  children,  share  and  share  alike. 


Appointment  of  Guardianship. 

A  ND  I  hereby  commit  the  guardianship  of  all  my  chil- 
dren,  until  they  shall  respectively  attain  the  age  of 
twenty  one  years,  unto  my  said  w  ife,  during  her  iife,  if  she 
Shall  so  long  continue  my  widow;  and  from  and  after  her 
decease  or  second  marriage  unto  my  trusty  and  much  es- 
teemed friend  A  B,  his  executors  and  assigns  .  and  do  here- 
by declare  that  the  expenses  of  the  maintenance  and  educa- 
tion of  my  said  children,  until  they  shall  attain  the  age 
aforesaid,  or  become  entitled  to  the  sum  or  sums  of  money 
hereby  provided  for  their  benefits  respectively,  shall  be  paid 


WILLS. 


171 


and  borne  by  my  said  wife,  by  and  out  of  the  monies  and 
estate,  given  and  bequeathed  to  her  in  and  by  this  my 
will. 

Devise  from  a  husband  to  his  wife  of  an  estate  for  life  in  lieu 
of  Dower,  Remainder  to  his  children  as  tenants  in  com- 
mon. 

ITEM.  I  give  and  devise  unto  my  said  wife,  all  that, 
tny  said  messuage  or  tenement,  with  the  appertenances, 
situate,  &c.  with  the  lands  and  hereditaments  thereunto  be- 
longing, and  the  rents,  issues  and  profits  thereof,  for  and 
during  the  term  of  her  natural  life  ;  and  from  and  after  the 
decease  of  my  said  wife,  I  give  and  bequeath  the  said  mes- 
suage or  tenement,  lands  and  hereditaments,  unto  such  child 
or  children,  as  I  shall  leave  or  have  living  at  the  time  of  my 
decease,  and  to  their  heirs  and  assigns  forever,  as  tenants 
in  common,  and  if  I  shall  have  no  such  child  or  children, 
&c.  then  1  give  and  devise,  &c.  which  said  legacy  given 
to  my  said  wife  as  aforesaid,  I  hereby  declare  is  intended 
to  be,  and  is  so  given  to  her  in  full  satisfaction  and  recom- 
pense of,  and  for  her  dower  and  thirds  which  she  may,  or 
can  in  any  w  ise  claim  or  demand  out  of  my  estate.  ITEM, 
I  give  and  devise  all  the  rest  and  residue  of  my  estate, 
both  real  and  personal  (not  herein  before  by  me  given  and 
bequeathed)  unto,  &c. 

Form  of  a  Will  of  Lands. 

I A  B,  of  in  the  county  of  —  do  make  this  my 
last  will  :  First,  I  give  and  devise  unto  C  D,  of  . 

all  and  every  my  messuages,  lands,  tenements  and  heredita- 
ments, with  the  appertenances,  whereof  1  am  seized  in  fee, 

situate,  lying  and  being  in  in  the  county  of  and 

now  or  late  in  the  several  tenures  or  occupation  of  and 

 or  one  of  them,  their  or  one  of  their  assigns,  lessees  or 

under-tenants;  To  have  and  to  hold  all  and  every  the  said 
messuages,  lands,  tenements  and  hereditaments,  with  the  ap- 
pertenances to  him  the  said  C  D,  his  heirs  and  assigns  forever. 
Also,  I  give  and  devise  to  my  son  G  JB,  all  that  land  lying 

in  near  unto  .    To  hold  unto  the  said  G  for  the 

term  of  his  iife,and  after  his  decease  to  my  grand-daughter 
E  15.  her  heirs  and  assigns  forever,    lu  witness  whereof  I 


172 


WILLS. 


have  hereunto  set  my  hand  and  seal,  the  —  day  of 
in  the  year  of  our  lord  .  A  B. 

Signed,  sealed,  published  and  declared  by  the 
testator  as  and  for  his  last  will  and  testa- 
ment, in  the  presence  of  us,  who  at  his  re- 
quest, in  his  presence,  and  in  the  presence 
of  each  other,  have  subscribed  our  names 
as  witnesses  thereto.  C  D, 

E  F, 
H  J. 

Form  of  a  Will  of  Goods. 

IN  the  name  of  God,  Amen.    I,  A  B  of  —  in  the 
county  of  yeoman,  being  mindful  of  my  mortality, 

do  this   day  of  in  the  year  of  our  Lord  

make  and  publish  this  my  last  will  and  testament  in  man- 
ner following  :  First,  I  desire  to  be  decently  and  privately 

buried  in  the  church-yard  at    without  any  funeral 

pomp,  and  with  as  little  expense  as  may  be. 

Also,  I  give  and  bequeath  unto  my  eldest  son  J  B,  the 
sum  of  

Also,  I  give  and  bequeath  unto  my  second  son  W  B,  the 
sum  of  — — 

Also,  I  give  and  bequeath  unto  my  daughter  M  B,  the 
sum  of  

To  be  paid  unto  them  respectively,  so  soon  as  one  year 
after  my  decease  shall  be  expired, 

Also,  I  do  forgive  unto  L  M  the  sum  of  — —  out  of  the 
principal  sun1,  of  which  he  owes  to  me  upon  bond. 

Also,  I  give  to  my  grand-daughters  A  and  B  children  of 

my  daughter  C,  the  sum  of  a-piece,  to  be  paid  io  them 

respectively  at  their  respective  ages  of  twenty  one  years, 
or  days  of  marriage,  which  shall  first  happen  ;  the  same  to 
be  put  out  to  interest  at  the  discretion  of  my  executrix,  and 
the  interest  accruing  thereby,  to  be  applied  to  their  educa- 
tion and  maintenance  respectively  until  their  said  respect- 
ive ages  or  marriages.  And  in  case  either  of  them  shall 
die  before  the  age  of  twenty  one  years  or  marriage,  then  I 
give  the  share  of  her  so  dying  unto  the  survivor  of  them. 
And  if  both  of  my  said  grand-daughters  shall  happen  to  die 
before  the  attaining  the  age  of  twenty  one  years  or  mar- 
riage,  then  I  give  and  bequeath  the  whole  of  the  said  sev- 
eral sums  unto  my  daughter  D  if  she  shall  be  then  living. 


WILLS. 


173 


Also,  I  give  to  my  wife  E  B  during  her  life,  the  use  of  all 
my  plate  and  household  goods,  bedsteads,  bedding,  and  other 
furniture  ;  and  after  her  decease  to  remain  to  my  son  J  B. 

All  the  rest  and  residue  of  my  personal  estate  whatsoever 
and  wheresoever,  of  what  nature,  kind  and  quality  soever  the 
same  may  be,  and  not  herein  before  given  and  disposed  of 
(afterpayment  of  my  debts,  legacies  and  funeral  expenses)  I 
do  give  and  bequeath  unto  my  wife  E  B  her  executors,  ad- 
ministrators, and  assigns ;  to  and  for  her  and  their  own  use 
and  benefit  absolutely ;  And  I  do  hereby  constitute  and 
appoint  my  said  wile  E  B  sole  executrix  of  this  my  last  will 
anii  testament.  In  witness  whereof  [  have  hereunto  set  my 
hand  and  seal,  the  day  and  year  first  above  written. 

A  B. 

Signed,  sealed,  published  and  declared,  by  the 
said  testator,  as  and  for  his  last  will  and  testa- 
ment, in  our  presence,  who,  at  his  request, 
in  his  presence,  and  in  the  presence  of  each 
other,  have  subscribed  our  names  as  wit- 
nesses thereto.  C  D 

E  F. 

Form  of  a  Will  of  Lands  and  Goods. 

IN  the  name  of  God  Amen.  I,  A  B  of  Esquire,  do 
m  ike  and  declare  this  my  last  will  and  testament  in  man 
ner  and  font)  following  :  First,  I  resign  my  soul  into  the 
hands  of  Almighty  God,  hoping  and  believing  in  a  remission 
ef  my  sins,  by  the  merits  and  mediation  of  Jesus  Christ ;  And 
my  body  1  c  »mmit  to  the  earth  to  be  buried  at  the  discretion 
of  my  executor  herein  after  named  :  And  my  worldly  estate  I 
give  ami  devise  as  follows: 

First,  I  give  and  devise  to  my  younger  son  B  B  all  that 
my  whole  messuage  and  tenement,  situate,  lying  and  being 

at   To  have  and  to  hold  to  my  said  son  B  B  his  heirs  anil 

assigns  for  ever. 

Also,  1  give  and  devise  all  that  my  messuage  and  tene- 
ment wilh  the  appertenances,  situate  lying  and  being  at-  

Onto  my  d  mghfer  C  B.  To  have  and  to  hold  to  my  said 
daughter  0  B  and  her  assigns,  for  and  during  the  term  of  her 
natiral  life,  without  Impeachment  of  waste:  and  from  aid 
htoffiediately  after  her  decease.  I  give  an d  devise  the  same 
unto  my  said  son  B  B  his  heirs  and  assigns  forever. 
P2 


174 


WILLS. 


Also,  I  give  and  devise  unto  my  grandson  G  B  all  that  my 
messuage  and  tenement,  with  the  appertenances,  situate, 

lying  and  being  at   commonly  called  — — :  To  have 

and  to  hold  (subject  nevertheless  to,  and  charged  and 
chargeable  with  the  annuity,  yearly  rent  or  sum  of  here- 
in after  mentioned) to  him  the  said  G  B  his  heirs  and  assigns 
forever  :  And  I  do  hereby  give,  devise  and  bequeath  unto  my 
wife  E  B  and  her  assigns,  for  and  during  the  term  of  her 

natural  life,  one  annuity  or  clear  yearly  rent  or  sum  of  

free  of  all  taxes  and  other  deductions,  to  be  issuing  and  paya- 
ble out  of  the  said  messuage  and  tenement,  and  to  be  paid  and 
payable  by  equal halfyearly  paymentsat  the  first  pay- 
ment thereof  to  be  on  ;  and  I  do  hereby  charge  and  sub- 
ject thesaid  messuage  and  tenement  toand  with  the  payment 
of  the  said  annuity,  yearly  rent,  or  sum  of— accordingly  : 
And  my  will  is,  that  in  case  the  said  annuity,  or  any  part 
thereof,  shall  be  behind  or  unpaid  by  the  space  of  twenty 

days  next  after  the  aforesaid   ,  whereon  the  same  is 

herein  before  directed  to  be  paid  as  aforesaid,  (being  lawful- 
ly demanded)  that  then  and  so  often  it  shall  and  may  be 
lawful  for  my  said  wife  and  her  assigns,  to  enter  upon  the  said 
premises,  charged  with  the  said  annuity  as  aforesaid,  and 
distrain  for  the  same  or  for  so  much  thereof  as  shall  be  so  in 
arrear;  and  the  distress  and  distresses  then  and  there  found 
to  detain  and  keep,  until  she  shall  be  fully  paid  and  satisfi- 
ed all  such  arrearages,  with  costs  and  charges  in  arid  about 
the  making  and  keeping  thereof.  And  in  case  the  said  annu- 
ity, or  any  part  thereof,  shall  be  behind  and  unpaid  for  the 
spaceof  forty  days  nextafter  any ofthesaid  days  of  payment, 
whereon  the  same  ought  to  be  paid  as  aforesaid,  that  then  and 
so  often  it  shall  and  may  be  lawful  for  my  said  wife  a.;d  har 
assigns,  into  all  and  singular  the  premises,  charged  with  the 
said  annuity  as  aforesaid,  to  enter,  and  the  rents,  issues  and 
profits  thereof  to  receive  and  take,  until  she  be  therewith  and 
thereby, or  bv  the  person  or  persons  who  shall  be  then  enti- 
tled to  the  immediate  possession  of  the  premises,  paid  and 
satisfied  the  same  and  every  part  thereof,  and  11  the  arrears 
thereof  incurred  before  ,  ami  that  shall  incur  during  suoh 
time  as  she  shall  receive  the  rents,  issues  and  profits  there- 
of, or  be  entitled  to  receive  the  same  by  virtue  of  such 
entry  to  be  made  as  Mforesaid,  togetherwit  h  her  costs,  dam- 
ages and  expenses  laid  out  and  sustained,  by  reason  of  the 
nonpayment  thereof,  or  any  part  thereof. 


WILLS. 


175 


Also,  I  give  and  devise  unto  D  F  all  that  my  messuage 
and  tenement,  with  the  appertenances,  which  I  hold  by  or 

under  a  lease  from  and  all  my  estate,  right,1itle,  term  and 

interest  of  and  in  the  same  premises,  with  the  appertenan- 
ces  ;  To  have  and  to  hold  to  him  the  said  I)  F  his  executors, 
administrators  and  assigns,  and  to  and  for  his  and  their 
own  use  and  benefit. 

Also,  I  will  and  ordain,  that  the  executor  of  this  my  last 
w  ill  and  testament,  or  his  executor  or  executors,  for  and  to- 
wards the  performance  of  my  said  testament  shall,  with  all 
convenient  speed  after  my  decease,  bargain,  sell  and  alien 

in  fee  simple  all  those  my  lands  called  ;  for  the  doing, 

executing,  and  perfect  finishing  whereof,  I  do  by  these  pre- 
sents give  to  my  said  executor  and  his  executor  or  executors 
full  power  and  authority  to  grant,  alien,  bargain,  sell,  con- 
vey and  assure  all  the  same  lands  called  to  any  person 

or  persons  and  their  heirs  forever  in  fee  simple,  by  all  and 
every  such  lawful  ways  and  means  in  the  law,  as  to  my 
said  executor  or  his  executor  or  executors, or  to  his  or  their 
counsel  learned  in  the  law,  shall  seem  fit  or  necessary. 

Andi  do  hereby  appoint  my  trusty  friend  E  E  executor 
of  this  my  last  will  and  testament,  and  do  give  unto  him  the 

sum  of  in  consideration  of  the  pains  and  trouble  he 

will  have  in  the  execution  of  this  my  will. 
Also,  1  give  unto  P  Q  of — the  sum  of  one  hundred  dollars. 
Also,  I  give  unto  R.  S  of  the  like  sum  of  one  hun- 
dred dollars. 

Also,  for  the  better  education  of  my  children,  A,  B  and  C 
i  do  give  and  dispose  of  the  tuition  anil  custody  of  them, 
and  every  of  them,  unto  my  wife  E  B  lor  such  time  as  they 
or  any  of  them  respectively  continue  unmarried,  and  under 
the  age  of  one  and  twenty  years,  and  my  said  wife  remains 
my  widow  ;  but  if  my  said  wife  shall  die  or  marry,  (luring 
the  single  life  and  nonage  of  any  of  my  said  children,  then 
I  give  the  custody  and  tuition  of  such  of  my  children,  so  be- 
ing unmarried  and  under  the  age  of  one  and  twenty  years  at 
the  marriage  or  death  of  my  wife,  unto  my  said  executor  E  E. 
Also,  1  do  hereby  authorize,  empower,  and  direct  my  said 
executor,  his  executor  or  executors,  from  and  after  my  de- 
cease until  the  aforesaid  G  B  shall  attain  his  age  of  one  an(J 
twenty  years,  to  m  mage  and  improve  the  estate  and  for- 
tune of  him  i  he  said  G  B  by  me  hereby  given  him,  for  ids 
use  and  benefit,  and  to  lease  all  or  any  part  of  his  freehold 
°r  leasehold  estates,  and  to  lend  and  place  out  upon  seen 


176 


WILLS. 


rity  or  securities,  at  interest  or  otherwise  improve  aeeorti? 
ins:  to  his  or  their  discretion  or  discretions,  all  or  any  part 
of  the  monies  belonging  to  or  arising  from  the  said  estales 
ami  fortune  of  the  said  G  B  and  to  pay  unto  and  account 
with  him  the  said  G  B  for  all  such  rents  interests,  produce 
and  improvements,  as  shall  arise  from,  or  be  made  of,  and 
produced  by  the  estates,  monies  and  fortune  hereby  given 
and  devised  to  him  when  he  shall  attain  his  age  of  twenty 
one  years. 

And  my  will  is,  and  I  do  hereby  expressly  declare,  that 
my  said  executor,  his  executor  or  executors,  shall  not  be 
cha  -ged  or  chargeable  with,  or  accountable  for,  more  of  the 
aforesaid  monies  or  estates  than  he  or  they  shall  actually  re- 
ceive, or  shall  come  to  his  or  their  respective  hands  hy  vir- 
tue of  this  my  will,  or  with  or  for  anv  loss  «vhich  shall  hap- 
pen of  the  said  monies  or  estates  hereby  by  me  given  to  the 
said  C  B,  or  of  any  part  of  my  personal  estate,  so  as  such 
loss  happen  without  his  or  their  wilful  default  and  neglect. 

And  also,  that  it  shall  and  may  be  lawful  for  him  my  said 
executor,  and  his  executor  or  executors,  in  the  first  place, 
out  of  the  said  premises  respectively,  and  out  of  the  residue 
of  my  personal  estate,  to  deduct  and  reimburse  himaud  them- 
selves respectively,  all  such  loss,  costs,  charges  and  expen- 
ses as  he  or  they  shall  sustain,  exnend  or  be  put  unto,  for  or 
by  reason  of  the  performance  of  this  my  will,  or  the  man- 
agement or  execution  thereof  respectively,  or  any  oilier 
thi :<z  in  any  wise  relating  thereto. 

And  final} H 7.  all  the  rest,  residue  and  remainder  of  all  my 
estate  and  effects,  real  and  personal,  whatsoever  and  where- 
soever, not  herein  before  otherwise  effectually  disposed  of 
(afterpayment  of  my  debts,  legacies, and  funeral  expenses, 
and  other  charge?  and  deductions  as  aforesaid)  1  do  give,  de- 
vise and  bequeath  unto  my  eidest  son  A  B.  In  witness. 

A  B. 

tSgned,  seated,  published  and  declared,  by  the  said 
Testator  as  and  for  his  last  will  and testament , 
mpresenbe  of  tis,  who  at  his  rcqu  st,  in  his  pres- 
ence and  in  the  presence  of  each  other,  have  sub- 
scribed our  names  as  ivitnesses  thereto.  C  D, 

E  P, 
G  H, 


THE 

CLERK'S  ASSISTANT, 

PART  II. 

CONTAINING 

SELECTIONS  OF  VARIOUS  USEFUL  PRACTI- 
CAL FORMS,  &c 


APPRENTICES. 


Forms  of  proceeding*  before  magistrates  un- 
der the  law  concerning  apprentices. 

Summons  of  the  master  for  misusing  his  apprentice. 

Ulster,  to  wit :  To  any  Constable  of  the  town  of  — -  in 
the  said  county. 

HEREAScomplaint  and  information  hath  been  made 

unto  me  one  of  the  justices  of  the  peace  of  the 

said  county,  by  A  B.  apprentice  to  C  D  of  in  the  said 

county,  Blacksmith,  that  the  said  C  I)  hath  misused  and  ill- 
treated  him  the  said  A  B  by  cruel  punishment,  and  beating 
him  the  said  A  B  without  just  cause,  and  doth  not  allow  un- 
to him  sufficient  and  necessary  provision  and  apparel,  (or  as 
the  case  shall  be.)  These  are  therefore  in  (he  name  of  the 
people  of  the  state  of  New  York,  to  command  you  to  sum- 
mon the  said  C  D  to  appear  before  me  at  the  house  of— — 

at         in  the  said  county,  on  the  day  of  at 

the  hour  of  in  the  afternoon  of  the  same  day,  to  an- 
swer unto  the  same  complaint,  and  to  be  further  dealt  with 
according  to  law.  Herein  fail  you  not.  Given  under 
my  hand  and  seal  the  he. 

Summons  of  the  apprentice  on  complaint  of  tfic  master. 

Ulster,  to  wit :  To  any  constable  of  the  town  of  in 

the  said  county  : — 

WHEREAS  complaint  and  information  hath  been 

made  unto  me  one  of  the  Justices  of  the  peace 

of  the  said  county,  by  0  D  of — in  the  said  county,  Black- 
smith, that  A  B,  now  being  an  apprentice  to  him,  the  said 
C  i),  is  negligent,  stubborn,  disorderly,  (or  as  the  case  shall 
be)  and  doth  not  his  duty  to  the  said  C  J)  his  master. 
These  are  therefore  to  command  you  to  summon  the  said 
A  B  to  appear  before  me  at,  &c.  to  answer  to  the  said 
complaint,  aud  to  be  further  dealt  with  according  to  law. 
Herein  fail  not.    Given,  &c. 


180 


APPRENTICES. 


Recognizance  of  the  master  to  appear  at  the  Sessions. 

B E  if  remembered  that  on,  &c.  C  D  01'  in  the  coun- 
v  of  Ulster,  Blacksmith  ;  personally  came  before  me 
 one  of  the  justices  of  the  peace  in  and  for  the  said  coun- 
ty and  acknowledged  himself  to  owe  to  the  people  of  the 

State  of  Nen  York  dollars  to  be  made  and  levied  of 

his  goods  and  chattels,  lands  and  tenements,  to  the  use  of 
the  said  people,  if  default  shall  be  made  in  the  condition 
following  : 

Whereas  complaint  and  information  hath  been  made  un- 
to me  the  said  Justice,  by  A  B,  the  apprentice  of  the  said 
C  D,  that  the  said  C  D  hath  misused  and  ill  treated  him, 
&c.  (as  in  the  summons).  And  the  said  A  B  and  C  D  now 
appearing  before  me  in  the  matter  aforesaid,  and  I  not  be- 
ing able  to  compound  or  agree  the  matter  between  them. 
The  condition  of  this  recognizance  is  such,  that  if  the  said 
C  D  do  and  shall  appear  at  the  next  general  sessions  of  the 
peace,  to  be  held  in  and  for  the  said  county,  to  answer  to 
the  complaint  aforesaid,  and  not  depart  without  leave  of 
the  court,  then  this  recognizance  to  be  void  otherwise  of  force. 

Order  vf discharge  at  the  sessions  in  pursuance  of  the  pre- 
ceding complaint. 

ULSTER,  ss.  At  a  general  sessions  of  the  peace  holden 
at  Kingston,  in  and  for  the  county  aforesaid  the  —-day  of 

 before   justicee,  of  the  people  of  the  state  of  New 

York,  assigned  to  keep  the  peace  in  the  said  county  and 
also  to  hear  and  determine  divers  felonies,  trespasses  and 
other  misdemeanors  in  the  said  county  committed,  it  is 
ordered  as  follows  : 

Upon  the  petition  of  A  B,  apprentice  to  C  D  of  in 

the  said  county,  blacksmith,  to  be  relieved  upon  certain 
neglects  of  the  said  master,  in  instructing  him  in  his  trade, 
(as  the  case  shall  be)  and  the  said  master  having  likew  ise  ap- 
peared upon  his  recognizance,  taken  before  one  of  the 

said  justices,  to  answer  the  complaint  oi  the  said  petition, 
and  having  proved  nothing  whereby  to  clear  himself  of  the 
said  complaint,  but  on  the  contrary  the  said  A  B  having 
given  full  proof  of  the  truth  of  the  said  complaint,  to  the  sat- 
isfaction of  the  court.  It  is  therefore  ordered,  pronounced  and 
declared  by  the  said  court,  that  the  said  apprentiee  shall  be 


APPRENTICES. 


181 


and  is  hereby  discharged  and  freed  from  his  said  appren- 
ticeship. And  this  to  be  a  final  order  between  the  said 
master  and  apprentice,  any  thing  contained  in  their  inden- 
tures of  apprenticeship,  or  otherwise,  to  the  contrary  not- 
withstanding. 

Complaint  of  Apprentice  to  three  Justices. 

Dutchess,  to  wit.    The  information  and  complaint  of  A 

B,  apprentice  to  C  D  of  in  the  said  county,  blacksmith, 

exhibited  before  us  —  three  of  the  justices  of  the  peace 

in  and  for  the  said  county,  the  day  of,  &c. 

Who  saith  that  he  the  said  A  B  is  an  apprentice,  bound 

by  indenture  to  C  I)  of  aforesaid,  blacksmith;  and 

that  he  the  said  C  D  hath  misused  and  ill-treated  him,  the 
said  apprentice  and  particularly  (as  the  case  shalt  be.) 

Before  us,  A  B 

E  F 
J  K 
L  M 

-- o4©— 

Summons  thereon  to  the  master. 

Dutchess,  ss.  To  any  Constable  of  — —  in  the  said 
Count)-. 

"^WTHEREAS  information  and  complaint  hath  been 

T  T    made  to  us   ihree  oJ*  the  justices  of  the  peace 

of  the  said  county,  by  A  B  apprentice  to  C  D  of  in 

the  said  county,  blacksmith  ;  that  he  the  said  C  D  hath 
misused  and  ill-treated  the  said  apprentice,  and  particular- 
ly (as  the  case  may  he.)  These  are  therefore  to  require  you 
to  summon  the  said  C  D  to  appear  before  us  at,  &c.  on, 
&c.  to  answer  unto  the  said  information  and  complaint. 
And  be  you  then  there  to  certify  what  you  shall  have  done, 
in  the  execution  hereof.  Herein  fail  you  not.  Given 
under  our  hands  and  seals  this,  &c. 

Discharge  of  the  Apprentice  by  the  Justices. 

Dutchess,  to  wit;]  W71^1^?  *PP,aint ha*h  bee'r 
3  -y  T    made  Isefore  us    three  ot 

the  Justices  of  the  peace  in  and  for  the  said  county,  by  A  B, 

apprentice  to  C  D,  of  in  the  said  county,  blacksmith ; 


182 


APPRENTICES. 


that  he  the  said  C  D  hath  misused  and  ill-treated  him,  and 
particularly  (as  the  case  may  be.)  And  whereas  the  said 
C  D  hath  appeared  before  us  in  pursuance  of  our  summons 
for  that  purpose,  but  hath  not  cleared  himself  of  and  from 
the  said  charge  and  complaint,  but  on  the  contrary  the  said 
A  B  hath  made  full  proof  to  the  truth  thereof,  before  us  upon 
oath  :  we  therefore  by  these  presents  do  discharge  him  the 
said  A  B,  of  and  from  his  apprenticeship  to  the  said  C  D, 
any  thing  in  the  Indenture  of  apprenticeship  made  between 
them,  or  otherwise  howsoever,  to  the  contrary  notwith- 
standing. 

Given  under  our  hands  and  seals,  this,  &c. 


Complaint  to  two  Justices  of  the  master  against  the  apprentice. 

-pv  i  v,      *          )  r  l^HE  complaint  and  information  of 
Dutchess,  to  wit ;  >    ■    n  t»  V         •   ±u      -i  * 
S  jL    C  D  of   in  the  said  county, 

Taylor,  taken  and  made  on  oath  before  us  two  of 

the  Justices  of  the  peace  in  and  for  the  said  county,  the 
—  day  of,  &c. 

Who  saith  that  A  B,  apprentice  by  Indenture  to  him  the 
said  C  I),  hath,  in  the  service  of  his  apprenticeship,  been 
guilty  of  several  misdemeanors,  miscarriages,  and  ill  be- 
haviour towards  him  the  said  C  D,  and  particularly  (as  the 
case  shall  be.) 


Warrant  thereon  againt  the  apprentice. 

Dutchess,  to  wit :  T©  any  constable  of  in  the  said 
county  : — 

HERE  AS  oath  hath  been  made  before  us  two 

"  ™  of  the  Justices  of  the  peace  in  and  for  the  said  coun- 
ty, by  C  D,  of  in  the  said  county,  taylor  ;  that  A  B, 

apprentice  to  the  said  C  D,  hath,  in  the  service  of  his  ap- 
prenticeship, been  guilty  (as  in  complaint)'  These  are 
therefore  to  require  you  forthwith  to  apprehend  the  said  A 
B,  and  bring  him  before  us  to  answer  the  said  complaint 
and  to  be  dealt  with  according  to  law ;  and  you  are  to  give 
due  notice  to  the  said  C  D,  that  he  appear  before  us  at  the 
same  time,  to  make  good  the  said  complaint.  Given  under 
9ur  bands  and  seals,  &c. 


DISTRESS  FOR  RENT. 


t  ommitment  of  the  apprentice  for  misconduct,  by  tlic  Justices. 

Dutchess,  to  wit :  TO  any  constable  of  in  the  said 

county,  and  to  the  keeper  of  the  common  gaol  of  said  county, 

^Jt^HEREAS  complaint  hath  been  made  before  us  

V  y    two  of  the  Justices  of  the  peace  in  and  for  the  said 

county,  upon  the  oath  of  C  D  of  in  the  said  count} 

taylor,  that  A  B,  apprentice  to  the  said  C  D  hath  in  the 
service  of  his  apprenticeship  been  guilty  [as  in  complaint. \ 
And  whereas  upon  examination  thereof,  and  upon  hearing 
the  allegations  of  both  parties,  having  come  before  us  for  that 
purpose,  and  upon  due  consideration  had  thereof,  it  manifest- 
ly appears  to  us  that  he  the  said  A  B  is  guilty  of  the  prem- 
ises so  charged  against  him  as  aforesaid  :  We  do  therefore, 
hereby  command  you  the  said  constable  to  take  and  convey 
the  said  A  B  to  the  common  gaol  of  the  said  county,  and  to 
deliver  him  to  the  keeper  thereof, together  with  this  warrant. 
And  we  do  hereby  command  you  the  said  keeper  of  the  said 
common  gaol  to  receive  the  said  A  B  into  your  custody  in 
the  said  common  gaol,  to  remain  at  hard  labor  for  the  space 
of  .    Given  under  our  hand  and  seals  the,  &c. 

Discharge  of  the  apprentice  on  flu  complaint  of  the  master. 
Dutchess,  to.H;  j  \\  "^-gg.  %  i*£ 

therefore,  by  these  presents  discharge  the  said  A  B  from 
his  apprenticeship  to  the  said  C  D,  any  thing  in  any  inden- 
ture of  apprenticeship  between  them  or  otherwise  to  the 
contrary  notwithstanding.    Given,  &€. 


DISTRESS  FOR  RENT. 


PRACTICAL  DIRLCTIONb. 

THE  landlord  himself  may  make  the  distress  :  but  it  if 
generally  made  by  some  other  person  employed  by 
the  landlord  lor  that  purpose;  in  which  case,  the  landlord 
must  give  to  the  person  lie  employs,  a  warrant  or  authority 
in  writing,  called  :i  warrant  of  distress,  which  is  usually  in 
the  following  form : 


384  DISTRESS  FOR  RENT. 


'  To  Mr.  A  B,  my  bailiff,  greeting  :  Distrain  the  goods 
'and  chattels  of  C  D,  [the  tenant]  in  the  house  he  now  dwells 

'in,  [or  on  the  premises  in  his  possession]  situate  in  in  the 

'county  of  for          being  two  year's  rent,  [or,  as  the 

'case  is,]  due  to  me  for  the  same,  at  last ;  and  for 

'your  so  doing,  this  shall  be  vour  sufficient  warrant  and  au- 
thority.   Dated  the  day  of   W  T. 

Being  legally  authorised  to  distrain,  you  enter  on  the 
premises,  and  make  a  seizure  of  the  distress.  If  the  distress 
be  made  in  a  house,  you  seize  a  chair  or  other  piece  of  furni- 
ture, and  say,  '  I  seize  this  chair,  [or  whatever  it  b(~]  in  the 

'name  of  all  the  goods  in  this  house,  for  t  he  sum  of  1  icing 

'two  year's  rent,  [or  as  the  case  is]  due  to  me  [or  to  W  T your 

^landlord,]  at  last,  [and  if  the  distress  be  made  by  any 

'other  than  the  landlord,  you  add]  by  virtue  of  an  authority 
'from  the  said  W  T  for  that  purpose.' 

You  then  proceed  to  take  an  inventory  of  so  many  goods, 
as  you  judge  will  be  sufficient  to  cover  the  rent  distrained 
lor,  and  also  the  charges  of  the  distress  Having  done 
this,  you  make  a  copy  of  the  inventory,  according  to  the 
following  form  : 

'  An  inventory  of  the  several  goods  and  chattels  distrain- 

'ed  by  me  A  B,  [the  distrainer]  the  day  of  in  the 

'houses,  outhouses  and  lands  [according  to  the  case]  of  C  D 

l[the  tenant]  situate  in  in  the  county  of  [andif  the 

'-distress  be  made  by  any  other  than  the  landlord,  say — by  the 
4 authority  and  on  the  behalf  of  W  T  your  landlord]  for  the 

'sum  of  being  two  years  rent,  [or  as  the  case  is]  due  to 

'me  [or  to  the  said  W  T]  at  last.' 

In  the  dwelling  house  : 
One  table, 
Six  chairs,  &e. 
Iu  the  cow  house  ; 
Six  cows, 
Two  calves,  &c. 

At  the  bottom  of  the  inventory  you  subscribe  the  follow- 
ing notice  to  the  tenant  : 

'Mr.  C  D, 

'Take  notice,  that  I  have  this  day  distrained  [or  that 
'as  bailiff  to  W  Tyour  landlord,  I  have  this  day  distrained]  on 
<!he  premises  abovementioned,  the  several  goods  and  chat- 


DISTRESS  FOR  RENT. 


Mb 


Kteh  specified  in  the  above  inventory,  for  the  sum  of  — — 
•bein<s  two  years  rent  [or  as  the  case  is]  due  to  me  [or  to  the 
'said  W  T]  at  last,  for  the  said  premises;  and  that  un- 
less you  pay  the  said  rent  with  the  charges  of  distraining 
'for  the  same,  within  five  days  from  the  date  hereof,  the  said 
'goods  and  chattels  will  he  appraised  and  sold  according  to 

'law.    Given  under  my  hand,  the  —  day  of  in  the 

'year  of  our  Lord  .  W  T. 

A  true  copy  of  the  above  inventory  and  notice  must  ei- 
ther be  given  to  the  tenant  himself,  or  left  at  his  house  ;  or, 
if  there  be  no  hou«e,  on  the  most  notorious  place  on  the 
premises.  And  it  is  proper  to  have  a  person  with  you  when 
you  make  the  distress,  and  also  when  you  serve  the  inven- 
tory and  notice,  to  examine  the  inventory,  and  to  attest,  if 
there  be  occasion,  the  regularity  of  the  proceedings. 

The  safest  way  is  to  remove  the  goods  immediately,  and 
in  your  notice  to  acquaint  the  tenant  where  they  are  re- 
moved ;  but  it  is  now  most  usual  to  let  them  remain  on  the 
premises,  leaving  a  man  in  possession,  till  3  011  are  entitled 
by  law  to  sell  them,  which  is  on  the  seventh  day. 

If  the  tenant  require  further  time  for  the  payment  of  the 
rent,  and  the  landlord  chuses  to  allow  it,  he  must  take  a 
memorandum  in  writing  from  the  tenant,  in  the  following 
form  : 

Memorandum,  That  I,  C  D  do  herein-  consent  anil  agree* 

that  W  T  my  landlord,  w  ho  hath  this  daj  [or  who  on  llic  ■ 

day  of  last]  distrained  my  goods  and  chattels  for  rent, 

in  a  messuage  or  dwelling  house  [according to  the  cast]  situ- 
ate in  in  the  county  of  shall  continue  in  possess- 
ion of  my  said  goods  and  chattels  in  the  said  messuage  or 

dwelling  house  for  the  Bpace  of  from  the  date  hereof; 

the  said  W  T  having  agreed  to  for'.;ear  the  sale  of  the  above 
goods  and  chattels  for  the  said  space  of  time,  to  enable  me 
to  discharge  the  said  rent.  Ami  I,  the  said  C  I)  do  hereby 
agree  to  pay  the  expenses  of  keeping  the  said  possession. 

As  witness  my  hand  the  day  of  in  the  year  of 

our  Lord   .  (5  D. 

This  memorandum  is  made,  that  the  landlord  may  not 
be  dee. ned  h  tresnsser,  which  he  otherwise  would,  for  con- 
tinuing in  possession  beyond  the  time,  which  is  limited  by 
the  statute  for  tne  sale  of  the  oistress. 


186  DISTRESS  FOR  RENT. 


But  if  there  be  no  allowance  of  further  time,  on  the  sixth 
you  repair  to  the  premises :  and,  if  the  rent  and  the  charg- 
es of  the  distress  are  not  paid,  you  send  for  a  constable  and 
two  sworn  appraisers,  who  having  viewed  the  goods  distrain- 
ed, the  former  must  administer  to  the  latter  the  following 
oath  : 

'  You  and  each  of  you,  shall  well  and  truly  appraise  the 
'goods  and  chattels  mentioned  in  this  inventory,  [the  consta- 
ble at  the  same  time  holding  the  inventory  in  his  hand,  and 
'shewing  it  to  the  appraisers]  according  to  the  best  of  your 
Judgment.    So  help  you  God.5 

You  then  indorse  on  the  inventory,  the  following  memo- 
randwn  : 

4  Memorandum,  that  on  the  day  of  —  in  the  year 

'of  our  Lord  G  H,  of,  &c.  and  J  K,  of,  &c.  two  ap- 

'praisers,  sworn  by  me  L  M  of,  &c.  constable,  well  and  truly 
Ho  appraise  the  goods  and  chattels  mentioned  in  this  in- 
ventory, according  to  the  best  of  their  judgment.  As  wit- 
'ness  my  hand.  L  ft,  Constable. 

Present  at  the  time  of  swear- 
ing the  said  G  H  and  J  K 
as  above,  and  witnesses 
thereto.  O  P, 

P  S. 

And  after  the  appraisers  have  valued  the  goods,  you  go 
on  w  ith  the  indorsement  on  the  inventory,  as  follows  : 

'  We  the  abovenamed  G  H  and  J  K  being  sworn,  by  L  M, 
'the  constable  abovenamed,  well  and  truly  to  appraise  the 
'goods  and  chattels  mentioned  in  this  inventory,  according 
'to  the  best  of  our  judgment,  and  having  viewed  the  said 
'goods  and  chattels,  do  appraise  and  value  the  same  at  the 

'sum  of  As  \s  itness  our  hands,  the  day  of  - 

^in  the  year  of  our  Lord   G  H,  )  gwom  AppraiserSt 

J  K,  ) 

As  soon  as  convenient  after  the  appraisment,  the  proper- 
ty should  be  sold  at  public  vendue,  three  days  public  no- 
tice being  given  of  the  sale. 

The  goods  taken  in  distress  being  disposed  of,  you  deduct 


REPLEVIN. 


18? 


from  the  amount  of  their  produce  the  rent  in  arrear,  and  all 
reasonable  charges  attending  the  distress  ;  after  which,  the 
overplus  (if  any)  is  to  be  returned  to  the  tenant. 

If  the  tenant  means  to  replevy  the  distress,  he  must,  within 
the  time  allowed  him  by  the  statute  for  that  purpose,  that  is, 
w  ithin  five  days  after  he  has  notice  of  the  distress,  take  w  ith 
him  two  house-keepers,  living  in  the  county  where  the  dis- 
tress was  made,  and  go  to  the  sheriff's  office  of  such  county; 
where  he  must  enter  into  a  bond,  with  the  two  housekeepers 
as  surities,  in  double  the  value  of  the  goods  distrained,  condi- 
tioned for  the  prosecution  of  a  suit  in  replevin,  against  the 
distrainer,  w  ith  effect  :  and  for  returning  the  goods,  if  a  re~ 
turn  thereof  shall  be  awarded.  Tpon  this,  the  sheritl  will  re- 
store the  possession  of  the  goods  to  the  tenant,  to  abide  th? 
event  of  the  suit  in  replevin. 


Replevin  Bond, 

KNOW  all  men  by  these  presents,  That  we,  A  B,  oi 
 C  D  and  E  F,  of'       in  the  county  of  Dutchess 

are  held  and  firmly  bound  unto  G  H,  sheriff  of  the  said  coun- 
ty of  Dutchess,  in  to  be  paid  to  him,  his  executors,  ad- 
ministrators or  assigns,  and  for  the  said  payment  to  be  well 
and  truly  made  we  do  bind  ourselves  jointly  and  severally 
and  our  and  each  of  our  heirs,  executors  and  administrators 
firmly  by  these  presents.  Sealed  with  our  seals,  and  dated 
this  &c. 

The  condition  of  this  obligation  is  such,  That  whereas 
the  above  named  sheriff  by  virtue  of  his  office,  and  upoa 
the  complaint  of  the  above  bound  A  B  hath  delivered  to 
the  said  A  B,  (naming  the  property)  w  hich  one  J  K  lately 
took  and  wrongfully  w  ithheld  as  the  said  A  B  says  :  now  if 
the  said  A  B  shall  prosecute  his  said  suit  with  effect  and 
without  delay,  and  shall  return  the  said  goods  and  chattels 
incase  a  return  shall  be  awarded,  then  this  obligation  to 
he  void,  otherwise  to  remain  in  full  force. 

The  value  of  the  property  is  ascertained  by  persons  testi- 
fying to  the  same,  who  may  be  sworn  and  examined  by  the 
UU  riff. 

The  plaint  must  be  in  writing  and  in  the  follow  ing  form  . 
Westchester  county,  to  wit  :  A  B  of  Bedlord,  in  the  coun- 
ty of  V  estchester,  yeoman,  complains  of  C  I),  of  the  manor 
of  Pelbam,  in  the  county  of  W  estchester,  gentleman  of  a 


3  88     FORCIBLE  ENTRY  AND  DETAINER. 


plea  of  taking  and  unjustly  detaining  his  beasts  (or,  hi? 
beasts,  ^oods  and  chattels,  or,  his  goods  and  chattels,  or  his 
certain  mare,  or  his  certain  silver  bowl,)  and  gives  security 
to  prosecute  his  said  complaint,  and  to  return  the  samt 
beasts,  if  return  thereof  shall  be  adjudged. 


PROCEEDINGS  IN  FORCIBLE  ENTRY  AND  DE 
T  \I\ER. 


Record  of  a  forcible  detainer  upon  view. 

Dutchess  County,  ss.  BE  IT  REMEMBERED,  that 
on  the  day  of  in  the  year  »at  in  the  coun- 
ty of  Dutchess,  aforesaid,  A  Bcora  daineth  to  me  one  of  the 
justices  of  the  people  of  the  state  of  New  York,  assigned  to 
keep  the  peace,  in  the  said  county,  and  also  to  hear  and 
determine  divers  felonies,  trespasses  and  other  misdemean- 
ors, in  the  said  county  committed,  that  C  D  late  of,  Szc7 
into  the.  messuage  of  him  the  said  AB  being  the  dwelling 

house  of  him  the  said  A  B  situate  within  the  town  of  

aforesaid,  with  strong  hand  did  enter,  and  him  the  said  A  B 
from  the  messuage  aforesaid,  whereof  the  said  A  B  at  the 
time  of  the  entry  aforesaid,  was  seized  as  of  the  freehold  of 
him  the  said  A  B  for  the  term  of  his  lifeJor,  "  was  seiz  din 
his  demesne  as  of  fee"  or  if  it  is  not  a  freehold  say,  wets- 
possessed"']  unlawfully  ejected,  expelled  and  amoved,  and 
the  said  messuage  from  him,  the  said  A  B  unlawfully,  with 
strong  hand  and  armed  power,  doth  yet  hold  and  from  him 
detain,  against  the  form  of  the  act  in  such  case  made  and 
provided  ;  whereupon  the  said  A  B  then  to  wit,  on  the  said 

 day  of— —  at  the  town  of  aforesaid,  prayeth  of 

me  so  ;»s  aforesaid  being  justice  of  the  peace,  to  hiin  inthi6 
behalf  that  a  due  remedy  he  provided,  according  to  the 
form  of  the  act  aforesaid:  Which  complaint  and  urayerby 
me  being  heard,  J,  the  aforesaid  justice  to  the  messuage  a- 
foresaid  personally  have  Come,  and  do  then  and  there  find 
and  see  the  aforesaid  C  D  the  aforesaid  messuage  with 
force  and  arms,  unlawfully,  with  strong  hand  and  armed 
power,  detaining,  against  the  form  of  the  act  in  such 
case  made  and  provided,  according  as  he  the  same 
A  B  so  as  aforesaid  hath  unto  me  complained;  There- 
fore it  is  considered  by  me  the  said  justice,  that  the  aforesaid 


FORCIBLE  ENTRY  AND  DETAINER.  189 


C  D  of  the  detaining  aforesaid  with  strong  hand,  by  my  own 
proper  view,  then  and  there  as  aforesaid  had,  is  convicted, 
according  to  the  form  of  the  act  aforesaid  ;  Whereupon,  I, 
the  justice  aforesaid,  upon  the  aforesaid  C  D  do  set  and  im- 
pose a  fine  of  dollars  to  be  paid  by  him  to  the  said  peo- 
ple of  the  said  state  of  New-York,  for  the  said  offences;  and 
do  cause  him,  then  and  there  to  be  taken  and  arrested  :  and 
the  same  C  D  being  convicted,  upou  my  own  proper  view,  of 
the  detaining  aforesaid,  with  strong  hand  as  aforesaid,  by  me 
the  aforesawi "justice  is  committed  to  the  common  gaol  of  the 
said  people  in  the  town  of  Poughkeepsie,  in  the  county  of 
Dutchess  aforesaid,  being  the  next  gaol  to  the  messuage 
aforesaid,  there  to  abide  until  he  shall  have  paid  his  fine  to 
the  people  aforesaid.  Concerning  which  the  premises  a- 
foresaid  I  do  make  this  my  record.  In  witness  whereof,  I, 
the  aforesaid  E  H  the  justice  aforesaid,  to  this  record  my 

hand  and  seal  do  set  at  the  town  of          aforesaid,  in  the 

county  of  Dutchess  aforesaid,  on  the  — —  day  of  in 
the  aforesaid  year  of  &c. 

Mittimus  for  a  forcible  detainer. 
Dutchess  County  ss.  S  T  esquire,  one  of  the  justices  c4' 
the  people  of  the  state  of  New  York,  assigned  to  keep  the 
peace  within  the  said  county  of  Dutchess  and  also  to  hear 
and  determine  divers  felonies  tresspasses  and  other  misde- 
meanors in  the  said  county  committed  ;  to  the  keeper  of 
the  common  gaol  at  Poughkeepsie,  in  and  for  the  said  coun- 
ty of  Outchess  and  to  bis  deputy  and  deputies  there,  and 
to  every  of  t lie m  greeting  :  Whereas,  upon  complaint  made 
unto  me  this  present  day,  by  A  B  ol  &c.  in  the  said  coun- 
ty, yeoman,  I  went  immediately  to  the  dwelling  house  of 

the  said  A  B  at  aforesaid,  in  the  said  county,  and 

there  found  C  I)  late  of  &c.  laborer,forcibly  with  strong  hand 
and  armed  power,  holding  the  said  house  against  the  peace 
of  the  said  people,  and  against  the  form  of  the  act  in  such 
case  made  and  provided  ;  Therefore  I  send  you,  by  the 
bringers  hereof,  the  body  of  the  said  C  I)  convicted  ofihe 
said  forcible  holding  by  my  own  view,  testimony  and  re- 
cord ;  commanding  you  in  the  name  of  the  said  people  to 
receive  him  the  said  C  D  into  your  said  gaol,  and  there 
safely  to  keep  him,  until  he  shall  have  paid  the  Sinn  >f — — 
dollars,  to  the  said  people,  which  I  have  set  and  ni  ed 
upon  him,  for  a  fine  and   ransom  for  his  said  tres- 


190     FORCIBLE  ENTRY  AND  DETAINER. 


pass.  Herein  fail  you  not,  $t  the   peril  that  may  follow 

thereof.  Given  at  aforesaid,  in  the  county  aforesaid. 

under  my  seal  the  day  of  &c. 

- 

Precept  of  the  Sheriff  to  return  a  jury. 

Dutchess  county,  ss.'E  H,  esquire,  one  of  the  justices  of 
the  people  of  the  state  of  New  York,  assigned  to  keep  the 
peace  in  the  said  county  of  Dutchess,  and  also  to  hear  and 
determine  divers  felonies,  trespasses,  and  other  misdemea- 
nors in  the  said  county  committed  ;  to  the  Sheriff  of  the 
said  county,  Greeting:  In  the  name  of  the  People  of  the 
state  of  New  York,  I  command  you,  that  you  cause  to  come 
before  me,  at,  &c.  in  the  county  aforesaid,  on  the  day 
of  8c  c.  (not  less  than  two  days  from  the  time  of  issuing  the 
precept)  twenty  four  good  and  lawful  men  of  your  county, 
each  of  whom  shall  have  in  his  own  name  or  right,  or  in 
trust  for  him  or  in  his  wife's  right,  a  freehold  in  lands, 
messuages  or  tenements,  or  of  rents  in  fee  or  for  life  of  the 
value  of  one  hundred  and  fifty  dollars  free  from  all  reprises, 
demands  or   incumbrances  whatsoever,  to  enquire  upon 
their  oaths  for  the  said  people,  of  a  certain  entry  made 
with  a  strong  hand  (as  it  is  said)  into  the  messuage  of  one 
A  B,  in  the  town  of  &c.  in  the  county  aforesaid,  against  the 
form  of  the  act  in  such  case  made  and  provided  :  and  you 
are  to  return  upon  every  of  the  Jurors  by  you  in  this  be- 
half to  be  impannelled,  twenty  shillings  of  issues  at  the  a- 
foresaid  day  ;  and  have  you  then  and  there  this  precept, 
and  this  you  shall  in  no  wise  omit,  upon  the  peril  that 
shall  thereof  ensue.    Witness  the  said  E  H  at       ■  in  the 
county  aforesaid,  the  day  of,&c. 

Aotice  to  person  complained  of. 

To  Mr.  A  B,  of  See. 

On  thecompl.tintof  C  Dof,  Sec.  made  to  me  the  under- 
signed, one  of  the  Justices  of  the  Peace  for  the  county  of 
Dutchess,  that  you  have  made  entry  with  strong  hand  into 
his  messuage,  situate  8cc.  and  him  therefrom  expelled,  lha  ve 
this  day  issued  my  precept  to  the  sheriff  of  the  said  county 
commanding  him  to  come  before  me,  at,  Stc.  on.^c.  twenty 
four  good  and  lawful  men  oft  he  said  county,  to  enquire  of 
such  entry.    Of  all  which  you  are  hereby  notified. 

Dated,* &c.  E  H. 


FORCIBLE  ENTRY  AND  DETAINER. 


191 


Tlic  Jurors  oath. 

You  shall  true  inquiry  and  presentment  make  of  all  such 
things  as  shall  come  hetbre  you,  concerning  a  forcible  entry 
(or  "  detainer"  as  the  case  may  be)  said  to  have  been  lately 
committed  in  the  dwelling  house  of  A  B,  gentleman,  in  the 
tow  h  of,  Sec.  in  this  county  ;  you  shall  spare  no  one  for  favor 
or  affection,  nor  grieve  any  one  for  hatred  or  ill  will,  but 
proceed  herein  according  to  the  best  of  your  knowledge, 
and  according  to  the  evidence  that  shall  be  given  to  you ; 
So  help  you  God. 

The  oath  that  B  H,  your  foreman  hath  taken  on  his 
part,  you  and  every  of  you  shall  truly  observe  and  keep 
on  your  parts  ;  So  help  you  God. 

The  inquisition,  indictment,  or  finding  of  the  Jury. 

Dutchess  County,  ss.  An  inquisition  for  the  people  of  the 
State  of  New-York,  indented  and  taken  at,  Arc.  in  the  said 

county  of,  &:c.  the  day  of  in  the  year,  Sec.  by  the 

oaths  of  (insert  the  names  of  the  Jurors)  good  and  lawful  men 
of  the  said  county,  before  E  H,  esquire,  one  of  the  justices  of 
the  said  people  assigned  tokeep  the  peace  in  the  said  coun- 
ty, and  also,  to  hear  and  determine  divers  felonies,  trespass- 
es, and  other  misdemeanors  in  the  same  county  committed 
who  say  upon  their  oaths  aforesaid,  that  A  B,  of,&c.  afore- 
said, gentleman,  long  since  lawfully  and  peaceably  was 
seized  in  his  demise,  as  of  fee,  [if  not  a  freehold,  then  say 
was  "  possessed,"  of  and  in  one  me  suage  with  the  apperte- 
nances  in  aforesaid,  in  the  county  aforesaid  [if  not  a 
freehold  "for  a  certain  term  of  years  then  and  still  to  come  and 
unexpired"]  and  his  said  possession  ("  and  seisin"  if  freehold) 
so  continued  until  C  D,  late  of  &c.  laborer,  and  E  F  late  of 
j  the  same  place,  blacksmith,  and  other  malefactors  unknown 

on  the  day  of,  &c.  with  strong  hand  and  armed  power 

into  the  messuage  aforesaid,  with  the  appertenancs  afore- 
said, did  enter,  and  him  the  said  A  B  thereof  disseized,  and 
with  strong  hand  expelled  ;  [or  if  it  be  not  a  freehold  say 
%t  and  him  the  said  A  B  from  the  peaceable  possession  of  the 
said  messuage,  with  the  appertcnanccs  aforesaid,  with  strong 
hand  unlawfully  did  expel  and  put  cut"]  and  him  the  said  A  B 
so  disseized  and  expelled  from  the  said  messuage  with  the 
appertenances  aforesaid  [or  "  and  him  the  said  A  B,  so  expel- 
led and  strut  out  from  the  possession*  of  the  said  messuage  with 


192      FORCIBLE  ENTRY  AND  DETAINER. 


the  apperlenances  aforesaidr]  from  the  said  day  of,  &c. 

until  the  day  of  the  taking  of  thisinquisition,  withlike  strong 
hand  and  armed  power  did  keep  out  and  do  yet  keep  out, 
tothe  great  disturbance  of  the  peace  of  the  said  people  and 
against  the  form  of  the' act  in  such  case  made  and  provided. 

We  whose  names  are  hereunto  set,  being  the  Jurors  a- 
bove  said,  do,  upon  the  evidence  now  produced  before  us, 
find  the  inquisition  aforesaid  true. 

O  P, 

R  S,&c. 

Form  of  the  Traverse. 

C  D  and  EP| 
ads.  > 
The  People.  ) 

And  afterwards,  to  wit,  on  the  day  of  —  aforesaid, 

in  the  year  aforesaid,  before  the  said  E  H,  I  T,  and  S  T, 
Esquires,  Justices  as  aforesaid,  come  the  aforesaid  C  D 
and  E  F,  in  their  proper  persons,  and  having  had  the  hear- 
ing of  the  indictment  and  inquisition  aforesaid,  severally 
say,  that  they  are  thereof  not  guilty  ;  and  of  this  they  put 
themselves  upon  the  country,  &c. 


Form  of  a  warrant  or  precept  for  a  new  Jury  to  try  the  Tra- 
verse. 

Dutchess  county,  ss.  E  H,  Esquire,  one  of  the  Justices 
®f  the  people  of  the  state  of  New  York,  assigned  to  keep  the 
peace  in  the  said  county  of  Dutchess,  and  also  to  hear  and 
determine  diversfelonies,trespasses,and  othermisdemeanors 
in  the  said  county  committed, to  the  Sheriff  of  the  said  coun- 
ty, Greeting;  In  the  name  of  the  People  of  the  Stale  of 
New- York,  1  command  you,  that  you  cause  to  come  before 

me,  at,  &e.  in  the  county  aforesaid  on  the  day  of  

(not  less  than  four  nor  more  than  eight  days  from  the  time  of 
issuing  the  precept)  twelve  good  and  lawful  men  of  your 
county  [or  "  city  and  county ?  if  in  New  York]  each  of  whom 
shall  have  in  his  own  name  or  right,  or  in  trust  for  him  or  in 
his  wife's  right,  a  freehold  in  lands,  messuages  or  tenements 
[if  in  New  York,  "  or  a  personal  estate  of  the  value  off  &c] 
or  of  rents  in  fee  or  for  life  of  the  value  of  one  hundred  and 
fifty  dollars  free  from  all  reprises,  debts,  demands  or  incum- 


FORCIBLE  ENTRY  AND  DETAINER.  Ip3 


brances  whatsoever,  by  whom  the  truth  of  the  matter  may 
be  the  better  known,  to  make  a  certain  Jury  of  the  country, 
»ipon  their  oath  to  try  a  certain  traverse  of  an  indictment 
found  for  the  said  People  of  the  said  state  and  now  pending 
before  me  the  said  Justice  against  C  D  of,  &c.  labourer,  and 
E  F  of,  &c  blacksmith,  for  a  certain  entry  (and  "  detainer" 
as  the  case  may  be)  made  with  a  strong  hand  into  the  mes- 
suage of  one  A  B,  in  the  town  of,  &c.  in  the  county  aforesaid, 
against  the  form  of  the  act  in  such  case  made  and  provided, 
and  who  are  in  no  wise  of  kin  to  the  said  C  D  and  E  F,  nor 
to  either  of  them  ;  and  you  are  to  return  upon  every  of  the 
Jurors  by  you  ifi  this  behalf  to  be  impannellrd,  twenty  shil- 
lings of  issues  at  the  aforesaid  day  ;  And  have  you  then  and 
there  this  precept ;  and  this  3  011  shall  in  no  wise  omit  upon 
the  peril  that  shall  thereof  ensue.  Witness  the  said  E  H 
at  in  the  county  aforesaid,  the  day  of,  Sec. 


Form  of  the  oath  to  be  administered  to  the  Jury. 
You  do  swear  (or  "  solemnly,  &c.  affirm")  that  you  will 
well  and  truly  try  the  issue  of  traverse  joined  between  the 
People  of  the  State  of  New  York  and  C  D  and  E  F,  the  de- 
fendants, and  a  true  verdict  give  according  to  evidence:  So 
help  you  God. 

Warrant  or  precept  to  the  Sheriff  to  make  restitution. 
Dutchess  County,  ss.  E  H,  esquire,  one  of  the  Justices 
of  the  people  of  the  state  of  New  York,  assigned  tokeep  the 
peace  in  the  said  county,  and  also  to  hear  and  determinedi- 
vers  felonies,  trespasses,  and  other  misdemeanors  in  the  said 
county  committed,  to  the  sherhf  of  the  said  county,  greet- 
ing :  Whereas  by  an  inquisition  taken  before  me  "the  jus- 
tice aforesaid,  at,  &©.  in  the  county  aforesaid,  on  this  pre- 
sent  day  of  &c  upon  the  oaths  of,  Arc.  [insert  the  Jiames 

of  tfi£  Jurors]  and  by  virtue  of  the  act  made  and  provided 
in  cases  of  forcible  entry  and  detainer  it  is  found  that  C  D, 
late  of,  &c.  labourer,  and  E  F,  late  of  &c.  blacksmith,  on 

the  day  of,&c.  now  last  past,  into  a  certain  messuage, 

with  the  appertenances,  of  A  B,  of  the  town  of  afore- 
said, in  the  county  aforesaid,  gentleman,  situate,  lying  and 
being  in  the  town  of  aforesaid,  in  the  county  Afore- 
said, with  force  and  arms  did  enter,  and  him  the  said  A  B 


194      FORCIBLE  ENTRY  AND  DETAINER. 


thereof,  then  with  strong  hand  did  disseise  and  drive  out, 
and  him  the  said  A  B,  thus  driven  out  from  the  aforesaid 

messuage  with  the  appertenances,  from  the  day  of— 

aforesaid  to  this  present  day  of  the  taking  of  (he  said  in- 
quisition, with  strong  hand  and  armed  force,  did  keep  out, 
and  do  yet  keep  out,  as  by  the  inquisition  aforesaid  more 
fully  appeareth  of  record  •  [if  the  defendant  traversed  then 
add  "  And  whereas  the  said  C  D  and  E  F  did  thereupon, 

forthwith,  to  wit,  on  the  said  day  of  .  instant,  in 

their  proper  persons  appear  before  me  the  said  Justice  and  af- 
ter having  had  a  hearing  of  the  inquisition  aforesaid,  did 
immediately  in  due form  of  law  traverse  the  same  ;  whereupon 
I  the  said  Justice  did  then  and  there  forthwith  issue  my  war- 
rant or  precept  to  the  Sheriff  of  the  county  aforesaid  as  the 
law  in  such  case  provided  directs,  commanding  him  in  the 
name  of  the  people  of  the  state  of  New  York  to  cause  to  come 

hefore  me  the  said  Justice,  at,  &c.  on  this  present  day  of 

 twelve  good  and  lawful  men  of  the  same  county ;  And 

whereas,  on  this  present  day  of,  &c.  before  me  the  said  Justice 
the  Jurors  aforesaid  being  summoned,  chosen,  tried  and 
sworn,  say  upon  their  oath,  that  the  aforesaid  C  D  and  E  F 
are  guilty,  and  each  of  them  is  guilty  of  the  forcible  entry  and 
detainer  aforesaid,  in  the  indictment  oforesaid  above  specified 
in  manner  and  form  as  against  them  is  above  supposed,  as  by 
the  record  and  proceedings  thereof  now  remaining  before  me 
the  said  Justice  more  fully  appears  ;]  Therefore  in  the  name 
and  on  the  behalf  ol  the  said  people  of  the  State  of  New- 
York,  I  charge  and  command  you,  that  taking  with  you 
the  power  of  the  county,  (if  it  be  needful)  you  go  to  the 
said  messuage  and  other  the  premises,  and  the  same,  with 
the  appertenances,  you  cause  to  be  reseised,  and  that  you 
cause  the  said  A  B  to  be  restored  and  put  into  his  full  pos- 
session thereof,  according  as  he,  before  the  entry  aforesaid, 
was  seized  according  to  the  form  of  the  act  aforesaid.  And 
this  you  shall  in  no  wise  omit  upon  the  peril  that  shall 
thereon  ensue.    Given  under  my  hand  and  seal  at  the 
town  of  in  the  said  county,  the  — —  day  of,  &c, 


BASTARDY. 


195 


Form  of  a  certiorari  to  remove  into  the  Supreme  Court  an  in- 
diebnent  for  a  forcible  entry  and  detainer,  from  before  a 
Justice  of  the  peace. 

The  People  of  the  state  of  New  York  :  To  E  H,  Esquire, 
one  of  the  justices  assigned  to  keep  the  peace  within  our 
county  of  and  also  to  hear  and  determine  divers  felo- 
nies, trespasses  and  other  misdemeanors  within  our  said 
county  committed,  Greeting  :  We,  being  willing,  forcer- 
tain  causes,  to  be  certified  of  a  certain  indictment  against 
A  B  of,  &c.  for  withholding  and  forcibly  detaining  a  cer- 
tain messuage  and  tenement,  &c.  (as  the  case  may  be)  a- 
gainst  the  form  of  the  act  to  prevent  forcible  entries  and 
detainers,  whereof  the  said  C  D  <fcc.  named  in  the  said 
indictment,  is  indicted  hefore  you,  we  do,  therefore  com- 
mand you,  that  the  indictment  aforesaid,  with  all  things 
touching  and  concerning  the  same,  with  all  the  names  con- 
tained in  the  said  indictment  by  whatsoever  names  they 
may  therein  be  called,  before  our  justices  of  our  supreme 
Court  of  Judicature,  at  the  city  Hall  of  the  city  of  &c.  on 

the  day  of  &c.  next,  under  seal  you  send,  together 

with  this  writ,  that  our  said  justices  may  further  do  therein 
what  of  right,  and  according  to  the  laws  and  customs  of 
our  said  state,  ought  to  be  done.    Witness  he. 


PRECEDENTS  INCASES  OF  BASTARDY. 


Form  of  an  examination  of  a  woman  with  child  of  a  bas- 
tard. 

County  of  >  g<j 

$      The  voluntary  examination  of  A  M  of  

in  the  said  county,  single  woman,  taken  on  oath  before  mr, 
J  P  Esquire,  one  of  the  Justices  of  the  peace  in  and  for  tiie 

said  county,  this  day  of  Who  saith  that  she  is 

now  with  child,  and  that  the  said  child  is  likely  to  be  born 

a  bastard,  and  he  chargeable  to  the  town  of  in  the 

said  county,  and  that  C  D  of  in  the  said  county,  black- 
smith, is  the  father  of  the  said  child. 
Taken  and  signed  the  day  and  year  The  mark  of 

above  written,  before  me       JP  f  AM. 


190 


BASTARDY. 


Examination  after  the  birth. 

County  of  ) 

I  ss*  The  examination  of  A  M  of  in  the 

said  county,  single  woman,  taken  on  oath  before  me,  J  P 
Esquire,  one  of  the  Justices  of  the  peace  in  and  for  the 

said  county,  this  day  of  Who  saith,  that  on  the 

 day  of  now  last  past,  at  the  town  of  in  the 

county  aforesaid,she  the  said  A  M  was  delivered  of  a  (fmale) 
bastard  child,  and  that  the  said  bastard  child  is  likely  to 

become  chargeable  to  the  said  town  of          and  that  C  1) 

of  in  the  said  county,  blacksmith,  did  get  her  with 

child  of  the  said  bastard  child. 
Taken  and  signed  the  day  and  year 

first  above  written,  before  me,       J  P.  A  M. 

Form  of  a  warrant  for  apprehending  the  reputed  father be- 
fore  the  birth. 

County  of  >     To  any  Constable  of  the  town  of   in 

$     the  said  count}',  Greeting  ; 

Whereas  A  M  of  —  in  the  said  county,  single  woman, 
hath,  by  her  voluntary  examination,  taken  in  writing  upon 
oath  before  me,  J  P,  one  of  the  Justices  of  the  peace  in  and 
for  the  said  county,  this  day  declared  herself  to  be  with 
child,  and  that  the  said  child  is  likely  to  be  born  a  bastard, 
and  to  be  chargeable  to  the  town  of  —  in  the  said  coun- 
ty, and  that  C  D  of  in  the  said  county,  blacksmith, 

is  the  father  of  the  said  child  ;  And  whereas  O  P,  one  of 

the  overseers  of  the  poor  of  the  town  of  aforesaid,  in 

order  to  indemnify  the  said  town  in  the  premises,  hath  ap- 
plied to  me  to  issue  out  my  warrant  for  apprehending  the 
said  C  D. — I  do  therefore  hereby  command  you  to  appre- 
hend the  said  C  D,  and  bring  him  forthwith  before  me  or 
some  other  of  the  Justices  of  the  peace  for  the  said  county, 
to  find  security  to  indemnify  the  said  town  of"  —  or  else 
to  find  sufficient  security  for  his  appearance  at  the  next 
general  sessions  of  the  peace  to  be  holden  for  the  said  coun- 
ty, then  and  thereto  abide  and  perform  such  order  or  or- 
ders as  shall  be  made  in  the  premises,  and  to  be  dealt 
withal  according  to  law.  Given  under  my  hand  and  seal,  % 
the  —  day  of,  &c. 


BASTARDY. 


Tlie  like  after  the  birth, 

County  of  >  gg  To  any  constable  of  the  town  of  in 

$     the  said  county. 

Whereas  A  M  of  in  the  said  county,  single  woman, 

hath,  by  her  examination  in  writing,  upon  oath,  before  me, 
J  P,  one  of  the  Justices  of  the  peace,  in  and  for  the  said 

county,  declared,  that  on  the   day  of        now  lasi 

past,  in  the  town  of  in  the  county  aforesaid,  she  the 
said  A  M  was  delivered  of  a  (male)  bastard  child,  and 
that  the  said  bastard  child  is  likely  to  become  chargeable 

to  the  said  town  of          and  hath  charged  C  D  of  in 

the  said  county,  blacksmith,  with  having  gotten  her  with 
child  of  the  said  bastard  child  :  And  whereas  O  P,  one  of 
the  overseers  of  the  poor  [and  so  on  as  in  the  aforegoing 
precedent  to  the  end.] 

— 

Commitment  thereupon: 

Dutchess  county,  to  wit  :  To  any  constable  of  the  town  of 

 and  to  the  keeper  of  the  common  gaol  at  —  in  the 

said  county 

Whereas  A  M  of  —  single  woman,  in  her  voluntary 
examination,  taken  in  writing,  upon  oath,  the,  &c.  be- 
fore me  — —  one  of  the  Justices  of  the  peace  for  the 
said  county,  hath  declared  herself  to  be  with  child,  and  that 
the  said  child  is  likely  to  be  born  a  bastard,  and  to  be 

ehargeable  to  the  said  town  of  and  hath  charged  A  B 

of,  Sec.  with  havinggotten  her  with  child  of  the  said  child* 
And  whereas  the  said  A  B  now  personally  present  before 
me,  being  brought  by  my  warrant  upon  application  for 
that  purpose  to  me  made,  by  O  P  one  of  the  overseers  of 
the  poor  of  the  said  town,  hath  refused  to  give  security  to 
indemnify  the  said  town,  or  to  enter  into  a  recognizance 
with  sufficient  surety  with  condition  to  appear  ai  the  next 
general  sessions  of  the  peace  to  lie  holde:i  for  the  said 
county,  and  to  abide  or  perform  such  order  as  shall  be 
made  in  pursuance  of  the  act  for  the  relief  of  the  cities  and 
towns  from  the  maintenance  of  bastard  children  ;  These 
are  therefore  to  command  you  the  said  constable  to  take 
and  convey  the  said  A  B  to  the  common  gaol  of  the  said 
county,  and  to  deliver  him  to  the  keeper  thereof  with  this 
warrant.  And  I  do  hereby  command  you  the  said  keeper 
of  the  said  common  gaol  to  receive  the  said  A  B  into 


BASTARDY. 


your  custody  in  the  said  common  gaol,  and  him  safely  to 
keep  until  he  shall  give  such  security,  or  enter  into  such 
recognizance  as  aforesaid,  or  be  otherwise  lawfully  deliver- 
ed from  thence.  Given  under  my  hand  and  seal,  this,  &c. 

A  bond  to  the  overseers  of  the  Poor. 

KNOW  all  men  by  these  presents,  that  we,  C  D,  of  
in  the  county  of  blacksmith,  and  E  F  and  G  H, 

of  the  same  place,  merchants,  are  held  and  firmly  bound 

unto  I  K  and  L      overseers  of  the  poor  of  the  town  of  ■ 

in  the  said  county  (in  trust  for  the  inhabitants  of  the  said 

town)  in  to  be  paid  to  the  said  I  K  and  L   M,  their 

executors,  administrators  or  assigus,  to  which  payment  well 
and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  execu- 
tors and  administrators,  jointly  and  severally,  firmly  by 

these  presents.    Sealed  with  our  seals.    Dated  this  > 

day  of  &c. 

Whereas  A  M  of  single  woman,  in  and  by  her  vol- 
untary examination,  taken  in  writing,  and  upon  oath,  the 
day  of  last  past,  before  J  P,  Esq.  one  the  Jus- 
tices of  the  peace  in  and  for  the  said  county  did  declare 
herself  to  be  with  child,  and  that  the  said  child  is  likely  to 
be  born  a  bastard,  and  to  be  chargeable  to  the  said  town  of 
—  and  that  the  above  bounden  C  D  is  the  father  of  the 
said  child. 

(Or  if  it  is  after  the  birth,  say) 

Did  declare,  that  on  the  day  of  last  past,  at 

the  said  town,  she  was  delivered  of  a  (male)  bastard  child, 
which  is  now  living,  and  likely  to  become  chargeable  to 
the  said  town  of  —  and  that  the  above  bounden  C  D  did 
get  her  with  child  of  the  said  (male)  bastard  child. 

Now,  therefore,  the  condition  of  the  above  obligation  is 
such,  That  if  the  above  bounrten  C  D,  E  F,  andG  H,or 
any  of  them,  their,  or  any  of  their  executors  or  administra- 
tors, do  and  shall  from  time  to  tirae,  and  at  all  times  here- 
after, well  and  sufficiently  save,  defend,  keep  harmless  and 
indemnify  as  well  the  above  named  I  K  and  L  M,  overseers 
of  the  poor  of  the  said  town,  and  their  successors  for  the 
time  being,  as  also  the, said  town,  and  all  and  every  the  in- 
habitants which  now  are,  or  hereafter  shall  be  of  the  said  town 


BASTARDY. 


of,  from  and  against  all  and  all  manner  of  costs,  charges, 
taxes,  rates,  assessments,  damages  and  expenses  whatsoev- 
er for  or  by  reason  of  the  birth,  education  and  maintenance 
of  the  said  child,  or  in  any  wise  relating  thereto,  and  of  and 
from  all  actions,  suits,  troubles  and  other  damages  and  de- 
mands whatsoever,  touching  or  concerning  the  same  ;  then 
this  obligation  to  be  void,  or  else  to  remain  in  full  force 
arid  virtue. 

Form  of  a  Recognizance  to  appear  at  the  next  sessions. 

Be  it  remembered,  that  on  the  day  of  in  the 

year  of  our  Lord  one  thousand  eight  hundred  and  C  D 

of  in  the  said  county,  blacksmith,  and  E  F  of  the  same 

place,  merchant,  personally  came  before  me,  J  P,  Esq.  one 
of  the  justices  of  the  peace  w  ithin  and  for  the  said  county  of 
— -  and  severally  acknowledged  themselves  to  owe  to  the 
people  of  the  state  of  New  York,  that  is  to  say,  the  said  C 

D  the  sum  of  dollars,  and  the  said  E  F  the  sum  of  

dollars,  to  be  made  and  levied  of  their  goods  and  chaitels, 
lands  and  tenements  respectively,  to  the  use  of  the  said  peo- 
ple, if  default  shall  be  made  in  the  condition  following. 

Whereas  A  M  of  single  woman,  in  and  by  her  vol- 
untary examination,  taken  in  writing,  and  upon  oath  the 

— -  day  of  now  last  past,  before  one  of  the  Justices 

of  the  peace  in  and  for  the  said  county,  did  declare,  &c. 
[proceeding  in  the  recital  as  in  the  bond,  observing  the  distinc- 
tion between  an  examination  previous  to  the  birth, and  that  which 
is  taken  after.']  The  condition  of  this  recognizance  is  such, 
that  if  the  above  bounden  C  D  do  and  shaP  appear  at  the 
next  general  sessions  of  the  peace  to  be  holden  for  the  said 
county,  and  shall  abide  or  perform  such  order  as  shall  he 
made  pursuant  to  the  act  entitled  «  An  act  for  the  relief  of 
cities  and  towns  from  the  maintenance  of  bastard  children,'" 
then  tbia  recognizance  to  be  \qi<\1  otherwise  of  force, 


BASTARDY. 


Form  of  a  warrant  for  apprehending  the  motherland  summon- 
ing the  reputed  father,  previous  to  making  the  order. 
County  of  ss.    To  any  Constable  of,  &c. 

WHERE  AS  it  appeare  to  us  and  two  ol: 
the  Justices  of  the  peace  in  and  for  the  said  coun- 
ty, one  of  us  residing  in  (or  near)  the  town  of  —  in  the 
said  county,  as  well  upon  the  complaint  of  the  overseers  of 
the  poor  of  the  said  town,  as  also  by  the  examination  of  A  I\I 
of        in  the  said  county,  single  woman,  this  day  taken  in 

writing  before  us  [or  before  Esq.  one  of,  &c]  the  said 

Justices  ;  that  she  the  said  A  M,  on  the  day  of  

in  the  said  town  of  was  delivered  of  a  [male]  bastard 

child,  which  is  still  living  and  chargeable  [or  likely  to  be- 
come chargeable]  to  the  said  town  of  — r—  and  whereas 
she  the  said  A  M  hath  in  and  by  her  said  examination,  de- 
clared that  C  D  of  in  the  said  county,  blacksmith,  did 

get  her  with  child,  of  the  said  [male]  bastard  child  :  These 
are  therefore  to  command  you  to  bring  the  said  A  M  before 

hs,  the  said  Justices,  at  in  the  said  county,  on  

the  day  of  at  of  the  clock  in  the  noon 

of  the  same  day,  to  be  further  examined  by  us  respecting 
the  premises  ;  and  we  do  also  command  you  to  give  notice 
thereof  unto  the  said  C  D  that  he  likewise  may  be  there  at 
the  same  time  to  make  his  defence  ;  so  that  we  having  du- 
ly examined  the  matter  of  and  concerning  the  premises, 
may  make  such  order  therein  as  to  right  doth  appertain  ; 
and  what  you  shall  do  in  the  execution  hereof,  you  are  to- 
make  known  to  us  at  the  time  and  place  aforesaid.  Giver* 
under  our  hands  and  seals,  &c. 


An  order  of  Bastardy. 

County  of  — —  ss. 

The  order  of  J  P  and  K  P  Esquires,  two  of  the  Justices' 
of  the  peace,  in  and  for  the  said  county,  one  whereof  resid- 
ing in  (or  near)  the  town  of  —  in  the  said  county,  made 

the   day  of  —  in  the  year  of,  &c.  concerning  a 

{male]  bastard  child,  lately  horn  in  the  town  of  afore- 
said, of  the  hotly  of  A  M,  single  woman. 

Whereas  it  hath  appeared  unto  us,  the  said  Justices,  as 
^ell  upon  the  complaint  of  the  overseers  of  the  poor  of  lb? 


BASTARDY. 


201 


said  town  of  as  upon  the  oath  of  the  said  A  M,  that 

she,  the  said  A  M,  on  the          day  of          now  last  past, 

was  delivered  of  a  [male]  bastard  child,  in  the  said  town  of 
■  in  the  said  county,  and  that  the  said  bastard  child  is 
now  chargeable  to  the  said  town  of  and  likely  so  to  con- 
tinue ;  and  further  that  C  D  of   in  the  said  county, 

blacksmith,  did  beget  the  said  bastard  child,  on  the  body  of 
her  the  said  A  M.  And  whereas  the  said  C  I)  hath  appear- 
ed before  us  in  pursuance  of  our  summons  for  that  purpose, 
but  hath  not  shewed  any  sufficient  cause,  why  he,  the  said 
C  D  shall  not  be  adjudged  the  reputed  father  of  the  said  bas- 
tard child  :  [or,  and  whereas  it  hath  been  duly  proved  to  us 
upon  oath,  that  he  the  said  C  D  hath  been  duly  summoned  to 
appear  before  us,  the  said  Justices^  to  the  end  we  might  ex- 
amine into  the  matter  of  and  concerning  the  premises;  and 
whereas  he  the  said  C  D  hath  neglected  to  appear  before 
us,  according  to  such  summons  ;]  We  therefore  upon  ex- 
amination of  the  matter  of  and  concerning  the  premises, 
as  well  upon  the  oath  of  the  said  A  M,  as  otherwise,  do 
hereby  adjudge  him  the  said  C  D,  to  be  the  reputed  father 
of  the  said  bastard  child. 

And  thereupon  we  do  order,  as  well  for  the  better  relief 

of  the  said  town  of  as  for  thesustentation  and  relief  of 

the  said  bastard  child,  that  the  said  C  D,  shall  and  do  forth- 
with, upon  notice  of  this  our  order,  pay,  or  cause  to  be  paid, 

to  the  said  overseers  of  the  poor  of  the  said  town  of  or 

one  of  them,  the  sum  of          for  and  towards  the  lying  in 

of  the  said  A  M,  and  the  maintenance  of  the  said  bastard 
child,  to  the  time  of  making  this  our  order. 

And  we  do  also  hereby  further  order,  that  the  said  C  D 
shall  likewise  pay,  or  cause  to  be  paid,  to  the  overseers  of 

the  poor  of  the  said  town  of  for  the  time  being,  or  one 

of  them,  the  sum  of  weekly  and  every  week,  from  the 

day  of  the  date  of  this  present  order,  for  and  towards  the 
keeping,  sustentation  and  maintenance  of  the  said  bastard 
child,  for  and  during  so  long  time  as  the  said  bastard  child 
shall  be  chargeable  to  the  said  town  of  . 

And  we  do  further  order,  that  the  said  A  M  shall  also  pay, 
or  cause  to  be  paid,  to  the  said  overseers  of  the  poor  of  the 

said  town  of  for  the  time  being,  or  to  some  one  of  them, 

the  sum  of  —  weekly,  and  ev  ery  week,  so  long  as  the  s;iid 

bastard  child  shall  be  chargeable  to  the  said  town  of  

in  case  she  shall  not  nurse  and  take  care  of  the  said  child 


202  BASTARDY. 


herself.  Given  under  our  hands  and  seals  the  day  and  yea? 
first  above  written. 

Form  of  commitment  for  not  obeying  the  foregoing  order. 

County  of  )  gg     To  any  constable  of   &c.  and  the 

$    *    keeper  of,  &c. 

WHEREAS  by  an  order  under  the  hands  and  seals  of  us, 

 and  two  of  the  justices  of  the  peace  in  and  for  the 

said  county  of  one  of  us  residing  in  (or  near)  the  town 

of  in  the  said  county,  C  D  is  adjudged  to  be  the  reputed 

father  of  a  [male]  bastard  child,  lately  born  of  the  body  of  A 
M  of  single  woman, in  the  said  town  of  and  where- 
as it  was  in  and  by  the  said  order,  ordered  [here  set forth  the 
substance  of  the  order.]    And  whereas  it  appears  unto  us  the 

said  justices,  by  the  oath  of  E  F  of  that  the  said  C  D  had 

due  notice  of  the  said  order,  a  true  copy  thereof  in  writing 
having  been  personally  delivered  to  him,  the  said  C  D,  on 
the  day  of  last  past,  by  the  said  E  F,  and  where- 
as the  said  C  D  hatfc)  not  observed  nor  performed  the  said 
order — These  are  therefore  to  command  you  forthwith  to 
take  the  said  C  D  and  him  safely  to  convey  to  the  (common 
gaol)  at  —  in  the  said  county,  and  there  deliver  him  to 
the  keeper  thereof,  together  with  this  precept.  And  we 
do  also  hereby  command  you,  the  said  keeper,  to  receive 
the  said  C  D  into  your  custody,  in  the  said  (common  gaol) 
and  him  there  safely  keep,  except  he  shall  put  in  sufficient 
surety  to  perform  the  said  order,  or  enter  into  a  recogni- 
zance to  appear  at  the  next  general  sessions  of  the  peace, 
to  be  holden  in  and  for  the  said  county,  and  also  to  abide 
such  order  as  shall  be  there  made.by  the  court  concerning 
the  said  bastard  child,  if  any  such  order  shall  be  there  made, 
and  if  not,  then  to  do  and  perform  the  order  already  made 
in  the  premises  as  aforesaid.    Given  under  our  hands,  &c. 


The  condition  of  a  recognisance  to  appear  at  the  next  general 
sessions. 

[After  reciting  the  order  as  in  the  above  warrant,  and  that 
the  reputed  father  hath  neglected  to  perform  the  same,  proceed:] 
■ — NOW  the  condition  of  this  recognizance  is  such, that  it  the 
above  boundea  C  D  do  and  shall  well  and  truly  observe  and 


BASTARDY. 


203 


perform  the  said  order,  or  shall  personally  appear  at  the  next 
general  sessions  of  the  peace,  to  he  holden  in  and  for  the 
said  county  ;  and  shall  then  and  there  abide  such  order  as 
shall  be  then  made  by  the  court,  concerning  the  said  bastard 
child,  if  any  such  order  shall  be  then  made,  and  if  no  such 
order  shall  be  then  made  or  taken  by  the  said  court,  if  he  the 
said  G  D  do  and  shall  abide  and  perform  the  order  already 
made  by  us  as  aforesaid,  then  this  recognizance  to  be  void, 
otherwise  in  full  force  and  effect. 


Form  of  a  warrant  to  seise  the  estate  of  a  father  of  a  bastard 

child  who  has  absconded. 

County  of  )      To  the  overseers  of  the  poor  in  the  town 

£  S8,  of  in  tbe  county  of  

WHEREAS  and  overseers  of  the  poor  of  the 

said  town,  have  made  complaint  unto  us,        and  two 

of  the  justices  of  the  peace  in  and  for  the  said  county,  that  C 

1)  late  of  the  said  town  of  blacksmith,  hath  run  away 

out  of  the  said  town,  and  that  the  place  of  his  abode  is  not 
known  ;  and  that  the  said  C  D  hath  left  his  (male)  bastard 

child  aged  (three)  years,  and  born  in  the  said  town  of  a 

charge  upon  the  said  town,  although  he  hath  an  estate  suffi- 
cient to  discharge  the  said  town  fromthe  charge  thereof:  and 
whereas  we,  the  said  justices,  having  duly  examined  into 
the  matter  of  the  said  complaint,  as  well  upon  oath  as  other- 
wise, it  doth  appear  unto  us,  and  we  do  adjudge, that  the  said 
complaint  is  true  ;  and  we  do  also  adjudge  him,  the  said  C 
D  to  be  the  reputed  father  of  the  said  bastard  child  ;  These 
are  therefore,  in  the  name  of  the  people  of  the  state  of  New- 
York,  to  authorise  you  the  said  overseers  of  the  poor  of  the 
town  aforesaid, to  seize  and  take  the  goods  and  chattels,  and 
toletout  and  receive  the  annual  rents  and  profits  of  the  lands 
and  tenements  of  the  said  C  D  towards  the  bringing  up,  ami 
providing  for  the  said  bastard  child  ;  and  you  are  hereby 
required  to  attend  at  the  next  general  sessions  of  the  peace, 
to  l>e  holden  in  and  for  the  said  county,  in  order  that  the 
said  seizure  may  be  allowed  and  confirmed,  and  you  further 
directed  in  the  premises,  according  to  the  statute  in  such 
case  made  and  provided.    Given,  &c. 


PROCEEDINGS  UNDER  THE  POOR  LAWS. 


Order  for  the  relief  of  a  Pauper. 
County  of  ^       To  the  overseers  of  the  poor  of  the  town 

J  ss.  of  in  the  said  county,  and  to  each 

)       of  them. 

Whereas  application  hath  been  made  to  me  J  P,  Esq.  one 
of  the  justices  of  the  peace  within  and  for  the  said  county  of 

 by  A  B  one  of  the  overseers  of  the  poor  of  the  town 

aforesaid,  setting  forth, that  P  P  a  poor  person,  had  applied  to 
him,  the  said  overseer,  for  relief.  And  whereas  I,  the  said 
justice,  and  the  said  overseer,  have  duly  inquired  into  the 
state  and  circumstances  of  the  said  P  P  and  it  appearing  to 
ns,  that  the  said  P  P  is  in  such  indigent  circumstances  as  to 
require  relief;  I  therefore,  the  said  justice,  do  hereby  order 

you,  the  said  overseers  of  the  poor  of  the  said  town  of  to 

allow  and  pay  unto  the  said  P  P  weekly,  and  every  week, 
upon  the  Monday  in  each  and  every  week,  the  sum  of- 
fer and  towards  liis  support  and  maintenance,  until  such 
times  as  you  shrill  be  otherwise  ordered  according  to  law  to 
forbear  the  said  allowance.  Given  under  my  hand  and 
seal,  at  — —  in  the  said  county,  the  day  of  

Warrant  of  irvo  justices  for  a  pauper  to  be  examined  concern- 
ing his  settlement 

County  of  )      To  any  constable  of  the  town  of  in 

\  Sa>*  said  county. 
WE,  J  J  and  E  J  Esquires,  two  of  the  justices  of  the  peace 
in  and  for  the  said  county,  being  duly  informed  that  P  P 
hath  come  to  reside  in  the  said  town,  not  having  obtained  a 
legal  settlement  therein  nor  produced  any  certificate  owning 
him  to  be  settled  elsewhere,  and  that  the  said  P  P  is  likely 

to  become  chargeable  to  the  said  town  of  do  command 

you  to  bring  the  said  P  P  before  us,  at  the  house  of   in 

the  said  town,  on  the  —  day  of          at  o'clock  in 

the  noon,  to  be  examined  concerning  his  ability  and 

last  place  of  legal  settlement.    Given  under  our  hands  and 
seals,  at  the  — —  day  of,  &c. 


POOR. 


205 


The  farm  of  a  general  order  of  removal. 
County  of  )  To  any  constable  of  the  town  of  A  in 
\  ss*  the  said  county,  Greeting  : 
UPON  the  information  of  the  overseers  of  the  poor  of 
the  town  of  A  aforesaid,  [or,  upon  due  information,]  given 
to  us,  whose  names  and  seals  are  hereunto  affixed,  being 
two  of  the  justices  of  the  peace  in  and  for  the  said  county  of 

 that  P  P  and  M  his  wife,  S  P  their  son,  aged  eight 

years,  and  D  P  their  daughter,  aged  four  years,  have  come 
to  reside  in  the  said  town  of  A  not  having  obtained  a  legal  set- 
tlement there  nor  produced  any  certificate  owning  them  or 
any  of  them  to  be  settled  elsewhere,  and  that  the  said  P  P, 
M,  his  wife,  and  S  and  1)  their  children,  are  likely  to  be- 
come a  charge  to  the  said  town  of  A.  We,  the  said  jus- 
tice?, upon  due  p;-oof  made  thereof,  as  well  upon  the  ex- 
amination of  the  said  P  P  upon  oath  as  otherwise,  and 
likewise  upon  due  consideration  had  of  the  premises,  do 
adjudge  the  same  to  be  true;  and  we  do  likewise  adjudge, 
that  the  legal  settlement  of  them  the  said  P  P,  M  his  wife, 
and  S  and  D  their  children,  is  in  the  town  of  B  in  the  coun- 
ty aforesaid. 

And  the  said  P  P,  M  his  .wife,  and  S  and  D  their  chil- 
dren, havingbeen  ordered  and  directed  by  us,  by  a  certain 
tlay  now  past,  to  remove  to  the  said  town  of  B,  the  place 
of  their  former  settlement,  and  they  having  neglected 
[or,  refused]  ta  comply  with  our  said  order-  f.  e  do  there- 
fore command  you  to  convey  the  said  P  P,  M  his  w  ife,  and 
S  and  1)  their  children,  from  and  out  of  the  said  town  of  A 
to  the  said  town  of  and  them  to  deliver  to  the  over- 
seers of  the  poor  there,  or  to  one  of  them,  together  with 
this  our  order,  or  a  true  cojty  thereof,  at  the  same  time 
shewing  to  them  the  original;  and  the  said  overseers  are 
required  to  receive  and  provide  for  them  as  inhabitants  of 
their  said  town.  Given  under  our  hands  and  seals,  the  ■  — 
day  of  in  theyear  of  our  Lord,  &c 

If  the  removal  is  to  a  different  county,  the  justices  arc  to  direct 

the  route  and  the  warrant  may  he  in  this  form. 
If  the  removal  is  to  the  first  town  in  t)u  adjoining  county,  say> 
We  do  therefore  direct  that  the  said  A  B  be  conveyed  from 
the  said  town  of  Poughkeepsie,in  Dutchess  county,  to  the 
said  town  of  Kingston,  in  Ulster  county,  through  the  towns 
of  Clinton  and  Rhinebeck,  in  the  county  of  Dutchess,  by  the 


20B 


POOR. 


post  road :  and  we  command  you  to  convey  the  said  A  B 
from  and  out  of  the  said  town  of  P.  to  the  said  town  of 
K.  by  the  route  aforesaid,  and  him  to  deliver  to  the  over- 
seers of  the  poor  there,  &c.  [as  before.] 

If  the  removal  is  to  a  county  or  town  not  adjoining,  say, 

WE  do  therefore  direct  that  the  said  A  B  be  conveyed 
from  the  said  town  of  Phillips  in  Putnam  county,  to  the 
said  town  of  Clinton  in  Dutchess  county,  through  the  towns 
of  Fishkill  and  Poughkeepsie,  in  the  county  of  Dutchess, 
by  the  post  road,  and  we  command  you  to  convey  the  said 
A  B  from  and  out  of  the  said  town  of  P.  to  the  town  of  F. 
and  deliver  him  together  with  this  warrant  to  a  constable 
of  the  said  town  of  F.  who  is  hereby  required  and  comman- 
ded to  receive  the  said  A  B  and  to  convey  him  to  the  town 
of  P.  and  to  deliver  him  together  with  this  warrant  to  a 
constable  of  the  said  town  of  P.  who  is  also  hereby  requir- 
ed and  commanded  to  receive  the  said  A  B,  and  to  convey 
him  to  the  said  town  of  C.  and  him  to  deliver  to  the  over- 
seers of  the  poor  there,  &c.  [as  before.] 

Notice  of  appeal  from  an  order  of  removal. 

To  the  overseers  of  the  poor  of  the  town  of  in  the 

county  of— 

Please  to  take  notice,  that  we,  the  overseers  of  the  poor 

of  the  town  of  in  the  county  of  do  intend,  at  the 

next  general  sessions  of  the  peace  to  be  holden  in  and  for 

the  said  county  of  at  —on  to  commence  and 

prosecute  an  appeal  against  an  order  of  J  P  and  S  P, 
Esquires,  two  of  the  Justices  of  the  Peace  of  the  said  coun- 
ty of         for  and  concerning  the  removal  of           to  our 

said  town  of ——.Witness  our  hands  this  day  of' 

A  B,  )  Overseers  of 
CD.J    the  poor. 

A  certificate. 

To  the  overseers  of  the  poor  of  the  town  of  —  in  the 

*ounty  of  

We,  the  overseers  of  the  poor  of  the  town  of- — inthecounty 
op—-«-do  hereby  certify,  own  and  acknowledge,  that  PP  la- 


POOR. 


207 


bourer,  is  an  inhabitant,  legally  settled  in  our  town  of  — 

aforesaid.  In  witness  whereof,  we  have  hereunto  set  our 

hands  and  seals,  the        day  of  in  the  year  of  our 
Lord-——. 
Attested  by 

A  W,  A  B,  }  Overseers  of 

B  W.  C  D,  S     the  poor. 

Acknowledgment  of  the  certificate  before  a  justice ',  nrith  his  ap- 
probation thereof. 

I,  F  J  Esquire,  one  of  the  justices  of  the  peace  in  and 

for  the  said  county  of  do  hereby  approve  of  the  above 

written  certificate;  and  I  do  likewise  certify  that  A  B  and 
C  D,  overseers  of  the  poor  of  the  said  town  of  — —  whoso 
names  and  seals  are  thereunto  subscribed  and  set,  have  this 
day  respectively  acknowledged  before  me,  the  said  justice, 
that  they  did  severally  sign  and  seal  the  same,  in  the  pres- 
ence of  A  W  and  B  W  the  witnesses  attesting  such  certifi- 
cate.   Given  under  my  hand,  this  day  of  — 

If  the  certificate  is  proved  before  the  justice,  by  one  of  the  at- 
testing nitnesees,  the  form  may  be  thus  : 

I,  F  J,  one  of  the  justices  of  the  p eace  in  and  for  the  said 

county  of  do  hereby  approve  of  the  above  written 

certificate  ;  and  I  do  likewise  certify,  that  A  W,  one  of 
the  witnesses  attesting  the  same,  hath  this  day  made  oath 
before  me,  the  said  justice,  that  her   the  said  A  W,  did 

see  the  overseers  of  the  poor  of  the  said  town  of  

whose  names  and  seals  are  thereunto  subscribed  and  set, 
severally  sign  and  seal  the  same,  and  that  B  W  the  other 
subscribing  witness  was  present,  and  also,  that  the  names 
of  A  W  and  B  W,  the  witnesses  attesting  the  said  certifi- 
cate, are  severally  of  their  own  hand  writing, — Given,  uu- 
dermy  hand,  the  — —  day  of  


208 


POOR. 


Notice  to  overseers  that  a  poor  person  belonging  to  their  town 
is  unable  is  to  be  removed,  and  requesting  them  to  provide 
for  him. 

To  the  overseers  of  the  poor  of  the  town  of  —  in  the 
county  of  

Please  to  take  notice,  that  P  P,  late  of  labourer, 

has  lately  come  [or  rc?noved~\  out  of  your  said  town  of  — — 
where  he  is  legally  settled,  as  we  are  credibly  informed, 
into  our  town  of  and  is  here  taken  sick,  [or,  has  be- 
come lame,  or,  broken  his  leg,  or,  as  the  case  may  be,  describ- 
ing the  condition  he  is  in,]  so  that  he  cannot  be  convenient- 
ly removed  back  to  the  said  town  of  and  that  he  is  in 

indigent  circumstances,  and  unable  to  maintain  himself, 
and  is  now  a  charge  [or,  is  likely  to  become  a  charge,  as 
the  case  may  be,]  to  the  said  town  of  .  You  are  there- 
fore hereby  requested  to  take  care  of,  relieve  and  maintain 
the  said  P  P  during  his  illness,  also  to  provide  for  his  fu- 
neral, if  he  shall  die  here. — Dated  this  day  of  

A  B,  >  Overseers  of  the  poor 
C  D,  J       of  the  town  of 


A  ivarrant  to  seise  the  gtods,  and  let  out,  and  receive  the  rents 

of  the  real  estates  of  husbands,  or  parents,  7vho  run  away 

from  their  families. 

County  of  >      To  the  overseers  of  the  poor  of  the  town 
I  ss*  of  in  the  said  county. 

WHEREAS  it  appears  unto  us  and  two  cf  (he 

justices  of  the  peace  of  the  said  county  as  we'i  upon  the  com- 
plaint and  application  of  the  overseers  of  the  poor  cf  the 

said  town  of  in  the  county  aforesaid,  as  upon  due  proof 

upon  oalh  before  us  made,  that  O  O  late  of  the  said  town  of 
—  yeoman,  hath  run  away,  leaving  C  O  his  wife,  and  A 
O  and  I)  O  his  infant  children,  a  charge  to  the  said  town ; 
(or,  doth  absent  himself  from  C  O  his  wife  leav  ing  her  a 
charge  to  such  town)  and  that  the  said  0  0  hath  some  estate 
real  or  personal,  whereby  Uie  said  town  maybe  eased  of  the 
said  charge  in  whole  or  in  part.  We,  therefore,  in  (lie  name 
of  the  people  of  the  state  of  New  York,  do  hereby  ftuthoi  ize 
you,  the  said  overseers,  to  take  and  seize  the  goods  an  d  chat- 


CORONERS. 


209 


fels  of  the  said  0  0  anil  to  let  out  the  lands  and  tenements 
of  the  said  O  O  within  the  said  county,  and  to  receive  the 
annual  rents  and  profits  of  such  lands  and  tenements,  for  and 
towards  the  maintaining,  bringing  up  and  providing  for  hb 
said  wife  and  children,  so  left  as  aforesaid  ;  and  with  this 
warrant,  you  are  to  appear  at  the  next  general  sessions  of 
the  peace,  to  be  holdeu  for  the  said  county,  thtn  and  there 
to  certify  what  you  have  done  in  the  execution  hereof. 

Given  under  our  hands  and  seals,  at  'in  the  said  county 

the  i  day  of  — 


PRECEDENTS  FOR  CORONERS. 


Coroner's  precept  to  summon  a  jury. 

Dutchess  County  ss.  to  an/  Constable  of  &c. 

In  the  name  of  the  people  of  the  state  of  New- York, 
you  are  hereby  required  immediately  upon  sigh:  hereof,  to 
summon  and  warn  twenty-four  good  and  lawful  men  of  the 
said  county,  to  be  and  appear  before  me,  A  S,  Gentleman, 
one  of  the  coroners  of  the  county  aforesaid,  at  —  aforesaid 

in  the  said  county, on  the  day  of  at  o'clock 

in  the  forenoon  of  the  same  day,  then  and  there  to  enquire, 
of,  do  and  execute  all  such  things  as  on  the  said  people's 
behalf  shall  be  lawful ly  giv  en  them  in  charge,  touching  the 
death  of  E  F.  And  be  you  then  and  there  to  certify  what 
you  shall  have  done  in  the  premises,  and  further  to  da 
and  execute  what  in  behalf  of  the  said  people  shall  be  then 
and  there  enjoined  you.   Given  under  my  hand  and  seal>  &c 


Juror's  Oath  on  a  Coroner's  Inquest. 
YOU  shall  diligently  inquire  and  true  presentment  make, 
on  the  behalf  ofthe  people  of  the  state  of  New- York,  how  and 
in  what  manner  F  1)  (or44  a  person  unknown,*'  as  the  case  is) 
here  lying  dead,  came  to  his  death  j  and  ofsuch  other  nut- 
ters relating  to  the  same,  as  shall  be  lawfully  required  of  you, 
according  to  your  evidence  :  So  help  you  God. 

S2 


210 


CORONERS. 


After  the  foreman  is  sworn,  the  rest  may  he  sworn,  severally 

together  as  follows  : 

Such  oath  as  A  B,the  foreman  of  this  inquest  hatli  on  his 
part  taken,  you  and  every  of  you  shall  well  and  truly  ob- 
serve and  keep  on  your  parts,  respectively :  So  help  you  God. 


Oath  of  a  witness  on  a  Coroner's  Inquest 
The  evidence  which  you  shall  give  to  this  inquest,  on 
the  behalf  of  the  people  of  this  state,  touching  the  death  of 
F  D,  shall  be  the  truth,  the  whole  truth  and  nothing  but 
the' truth  :  So  help  you  God. 


Inquisition  of  Murder.  , 
Dutchess  county  ss.  An  inquisition  indented  and  taken  foi 

the  people  of  the  state  of  New  York,  at  in  the  county  of 

——aforesaid,  the  day  of  —  in  the  year  of  &q,  be- 
fore me  A  S  gentleman,  one  of  the  coroners  of  the  said  state 
for  the  county  aforesaid,  upon  the  view  of  the  body  of  F  D 
then  and  there  lyiug  dead,  upon  the  oaths  of  A  B,  C  D, 
&c  good  and  lawful  men  of  the  said  county,  who  being 
sworn  and  charged  to  inquire  on  the  part  of  the  people  of 
the  said  state,  when,  where,  how,  and  after  what  manner 
the  said  F  D  came  to  his  death,  do  say  upon  their  oath  a- 
foresaid,  that  one  G  H,  late  of  &c.  gentleman,  not  having  the 
fear  of  God  before  his  eyes,  but  being  moved  and  seduced  by 

the  instigation  of  the  devil,  on  the  day  of  in  the 

year  &c.  at  the  first  hour  in  the  night  of  the  same  day,  with 

force  and  arms,  at  in  the  county  aforesaid  in  and  upon 

the  body  ofthe  aforesaid  F  D  then  and  there  being,  in  the 
peace  of  God  and  the  said  people,  feloniously,  violently,  and 
of  his  malice  aforethought,  made  an  assault ;  and  that  the  a- 
foresaid  G  H,  then  and  there  with  a  certain  sword  made  of 
iron  and  steel,  ofthe  value  of  one  dollar,  which  he,  the  said 
Cr  H  then  and  there  held  in  his  righthand,  the  aforesaid  F  D 
in  and  upon  the  left  part  ofthe  belly  ofthe  said  F  D  a  little 
above  the  navel  of  the  said  F  D,  then  and  there  violently, 
feloniously  and  of  his  malice  aforethought,  struck  and  pierc- 
ed, and  gave  to  the  said  F  D  then  and  there  with  the  sword 
aforesaid,  in  and  upon  the  aforesaid  left  part  of  the  belly  of 
the  said  F  D,  a  little  above  the  navel  of  the  said  F  D  one 
awojtal  wound,  ofthe  breadth  of  half  an  iucb,  and  of  the  depth 


CORONERS. 


211 


of  three  inches,  of  which  said  mortal  wound  the  said  F  D 
then  and  there  instantly  died  ;  and  so  the  said  G  R then  and 
there  feloniously  killed  and  murdered  the  said  F  I)  against 
the  peace  of  the  people  of  this  state  and  their  dignity. 

And  the  said  jurorsfurthersay,  upon  their  oath  aforesaid, 
that  O  0,  of,  &c  yeoman,  and  P  P,  of  &c.  yeoman,  were  fe- 
loniously present  with  drawn  swords,  at  the  time  of  the  felony 
and  murder  aforesaid,  in  form  aforesaid  committed,  that  is  to 

say,  on  the  said  day  of  in  the  year  a  foresaid,  at 

aforesaid,  in  the  county  aforesaid,  at  the  first  hour  in 
thenightof  the  said  day,  then  and  there  comforting,  abetting, 
and  aiding  the  said  G  H,  to  do  and  commit  the  felony  and 
murder  aforesaid  in  mantic.  aforesaid,  agaiust  the  peace  of 
the  people  of  the  state  and  their  dignity. 

And  moreover,  the  jurors  aforesaid,  upon  their  oath  afore- 
said, do  say,  that  the  said  G  H,  O  0  and  P  P,  had  not,  nor 
had  any  of  them,  nor  as  yet  have  or  hath,  any  goods  or  chat- 
tels, lands  or  tenements,  within  the  county  aforesaid,  or  else- 
where, to  the  knowledge  of  the  said  jurors,  [or,  "  that  the 
said  G  H,  &c.  at  the  time  of  doing  and  committing  the  felo- 
ny and  murder  aforesaid,  had  goods  and  chattels,  as  contain- 
ed in  the  inventory  to  this  inquisition  annexed,  which  re- 
main in  the  custody  of  R  R."] 

In  witness  whereof,  as  well  the  said  coroner,  as  the  jurors 
aforesaid,  have  to  this  inquisition  set  their  seals  on  the  day 
and  year  aforesaid,  at  the  place  aforesaid.  • 

A  B, 

A  S,  Coroner.  C  D>  &c.  Jurors, 


An  inquisition  where  one  isivilfuUy  poisoned. 

upon  their  oathssay,  that  J  B,  late  of  &c.  in  the  count/ 
aforesaid,  farmer,  not  having  the  fear  of  God  before  his  eyes, 
"but  being  moved  and  seduced  by  the  instigation  of  the  devil, 
and  of  his  malice  aforethought,  contriving  and  intending  her 
the  said  C  B  with  poison  feloniously  to  kill  and  murder,  on 

the  day  of,  kc.  with  force  and  arms,  at  &c.  a  great 

quantity  of  white  arsenic,  being  a  deadly  poison,  in  a  certain 
quantity  of  &c.  feloniously,  wilfully  and  of  his  malice  afore- 
thought, did  mix  and  mingle,  he  the  said  J  B  then  and  there 
well  knowing  the  said  w  hite  arsenic  to  be  a  deadly  poison  ; 
and  that  the  said  J  B,  afterwards,  to  wit,  on  the  same  day 
and  year  last  aforesaid,  at  &c.  the  poison  aforesaid;  so  &s  a- 


212 


CORONJERfc. 


foresaid  mixed  and  mingled,  feloniously,  wilfully  and  oi  hie 
malice  aforethought,  did  give  andoffer  to  her  the  said  C  B, 
totake,drink  and  swallow  down  ;  and  that  the  saidC  B  not 
knowingthe  poison  aforesaid,  in&c.  to  have  been  mixed  and 
miugledas  aforesaid,aftenvards,  to  wit,  on  the  same  day  and 
year  aforesaid,  atthetowrn  aforesaid  in  the  county  aforesaid, 
the  said  poison,  so  as  aforesaid  mixed  and  mingled,  by  the 
procurement  and  persuasion  of  the  said  J  B,  did  take,  drink 
andswjllowdown  ;  and  thereupon  tiie  said  C  B  by  the  poi- 
son aforesaid, so  as  aforesaid,taken,drankandswalloweddown 
became  then  and  there  siek  and  distempered  in  her  body;  and 
the  said  C  Bof  the  poison  aforesaid,  and  of  the  sickness  and 

distemper  thereby  occasioned,  from  the  said  day  in 

trre  year  aforesaid,  until  the  —  day  of  in  the  same 

year,  at&cdid  languish  and  languishing  did  live  ;  on  which 

said  day  of&c.  at  &c.  she  the  said  C  B,  of  the  poison  a- 

foresaid,  and  of  the  sickness  and  distemper  thereby  occa- 
sioned, did  die ;  and  so  the  said  J  B  her  the  said  C  B  in 
manner  and  by  means  aforesaid,  felonious!}',  wilfully  and  of 
his  malice  aforethought, did  poison,  kill  and  murder  against 
t  he  peace,  &c. 

An  inqidsition  where  one  hangs  himself. 

 upon  their  oath  say,  that  the  said  P  B  not  having 

the  fear  of  God  before  his  eyes,  but  being  moved  and  se- 
duced by  the  instigation  of  the  devil,  at  ■  aforesaid,  in 
a  certain  barn  then  and  there  standing  and  being,  the  said 
P  B  being  then  and  there  alone,  with  a  certain  silk  hand- 
kerchief of  the  value  of  &c.  which  he  then  and  there  had 
and  held  in  his  hands,  and  one  end  thereof  then  and  there 
put  about  his  neck,  and  the  other  end  thereof  tied  about  &c. 
himself  then  and  there,  with  the  cord  aforesaid,  voluntarily 
and  feloniously,  and  of  his  malice  aforelhought  hanged  and 
suffocated ;  and  so, the  jurors  aforesaid,  upon  their  oath  afore- 
said, say,  that  the  said  P  B  then  and  there,  in  manner  afore- 
said, as  a  felon  of  himself,  fetonious.y,  voluntarily  and  of 
his  malice  aforethought,  himself  killed,  strangled  and  mur- 
dered against  the  peace  &c- 

An  inquisition  where  one  drowns  himself. 

 at  aforesaid,  in  the  county  aforesaid,  then  and 

ftiere  being  alone,  in  a  common  river  there,  called?—  him- 


CORONERS. 


213 


self  voluntarily  and  feloniously  drowned  ;  and  so  the  jurors 
aforesaid,  upon  their  oath  aforesaid,  say  that  the  aforesaid  A 
D  in  manner  and  form  aforesaid,  then  aud  there  himself 
voluntarily  and  feloniously  as  a  felon  of  himself  killed  and 
murdered,  against  the  peace,  &c. 

An  Inquisition  where  one  is  drowned  by  accident. 

—  that  the  said  P  B  on  &c.  at  &c.  going  into  a  certain 
river  there,  called  &c.  therein  to  bathe himself,it  happened 
that  accidentally,  casual \y,  and  by  misfortune,  he  the  said 
P  B  was  in  the  water  of  the  said  river  then  suffocated  and 
drowned;  of  which  said  suffocation  and  drowning,  he  the 
said  P  B  then  and  there  instantly  died  ;  and  so  the  jurors 
aforesaid  do  say,  that  the  said  P  B  in  manner  and  by  the 
means  aforesaid,  accidentally,  casually,  and  by  misfortune, 
came  to  his  death  and  not  otherwise.    In  witness,  8cc. 


An  Inquisition  where  one  dies  a  natural  death. 

i  i  that  the  said  P  B  on  &c.  at  &c.  to  wit,  in  a  certain 
place  called  &c.  was  found  dead ,  that  he  had  no  marks  of 
violence  appearing  on  his  body,  and  died  by  the  visitation 
of  God  in  a  natural  way,  and  not  otherwise.  In  witness,&c. 


An  Inquisition  upon  one  who  dies  in  gaol. 

 who  say  upon  their  oath,  that  the  aforesaid  A  D,  on 

the  day  of  the  taking  of  this  inquisition,  being  a  prisoner  in 

the  gaol  at  in  the  county  aforesaid,  then  and  there  died 

of  the  visitation  of  lux  I,  and*  then  and  there  in  manner  and 
form  aforesaid,  nme  to  his  death,  and  not  otherwise. 
In  witness,  <S:e. 

An  Inquisition  on  one  non  compos  mentis. 

 that  the  aforesaid  G  H  on,  &c.  and  at  the  time  of 

his  death,  to  wit,  from  and  to  the  time  of  his  death,  and  at 
the  time  of  his  death  aforesaid,  was  a  lunatic  and  a  person 
of  insane  mind  ;  and  that  the  said  G  H  being  a  lunatic  and 
person  of  insane  mind  as  aforesaid,  did,  &c  {according  to 
the  facts.)    In  witness,  Arc, 


214 


CORONERS. 


An  Inquisition  on  one  for  cutting  his  throat. 

 by  the  instigation  of  the  devil,  at  aforesaid, 

in  the  county  aforesaid,  in  and  upon  himself,  then  and  there 
being,  in  the  peace  of  God,  and  of  the  people  of  this  state, 
feloniously,  voluntarily, and  of  his  malice  aforethought,  made 
an  assault;  and  that  the  aforesaid  A^D,  then  and  there  with 
a  certain  knife  of  the  value  of  one  cent,  which  he,  the  said 
A  D  then  and  there  held  in  his  right  hand,  himself  upon  his 
throat  then  and  there  feloniously,  voluntarily,  and  of  his 
malice  aforethought,  did  strike  and  gave  to  himself  then  and 
there  with  the  knife  aforesaid,  upon  his  throat  aforesaid,  one 
mortal  wound  of  the  breadth  of  four  inches  and  the  depth  of 

one  inch,  of  which  said  mortal  wound  the  said  A  D  at  

aforesaid,  in  the  county  aforesaid,  languished,  and  languish- 
ing lived,  from  the  said  —  day  of  in  the  year  a- 

foresaid,  to  the  day  of  and  that  the  said  A  D  on 

the  day  of  — aforesaid,  in  the  year  aforesaid,  at 

 aforesaid,  in  the  county  aforesaid,  of  that  mortal 

wound  died.    And  so  the  jurors  aforesaid,  &c. 


For  killing  another  in  his  own  defence. 

•  upon  their  oaths  say,  that  A  K,  late  of —gentle- 
man, at  aforesaid,  in  the  said  county,  on  the  day 

of  — —  in  the  year  of  in  the  peace  of  God  and  of 

the  people  of  this  state,  then  being,  A  M,  late  of  ■  in 

the  county  of  at  the  hour  of  in  the  afternoon  of 

the  same  day,  did  come,  and  upon  him  the  said  A  K  then 
and  there  of  his  malice  aforethought,  did  make  an  assault, 
and  him  the  said  A  K  did  then  and  there  endeavor  to  beat 
ami  kill,  by  continuing  the  assault  aforesaid,  from  the  house 

of  one  W  H  in  aforesaid,  to  a  certain  pl^ace  called  — — 

In  the  county  aforesaid,  and  the  said  A  K  seeing  that  the 
said  A  M  wa3  so  maliciously  disposed,  to  a  certain  wall  in 
the  said  place  called  — - — did  flee,  and  from  thence  for  fear 
of  death  could  not  escape,  and  so  the  said  A  K  himself,  in 
the  preservation  of  his  life,  against  the  said  A  M  continued 
to  defend,  and  in  his  own  defence,  him  the  said  A  M  upon 
the  right  part  of  the  breast  of  him  the  said  A  M,  with  a  cer- 
tain sword  of  the  price  of  1 2  cents,  which  the  said  A  K  then 
and  there  held  in  his  right  hand,  did  strike,  then  and  there 
giving  to  the  same  AM,  one  mortal  wound,  of  the  breadth 


CORONERS. 


215 


of  one  inch,  and  of  the  depth  of  three  inches,  of  which  said 
mortal  wound  the  said  A  M  at  aforesaid,  in  the  coun- 
ty aforesaid,  languished,  and  languishing  lived,  from  the  said 

 day  of   to  the   day  of  from  thence 

next  ensuing  and  that  the  said  A  M,  on  the  said  day 

of  in  the  y^ar  aforesaid,  at  aforesaid,  in  the  said 

county,  of  that  mortal  wound  died  ;  and  so  the  said  A  K  did 
then  and  there  kill  him  the  said  A  M  in  his  own  defence. 


An  Inquisition  where  the  murderer  is  unknown. 

[The  same  as  before,  only  say]  —  that  a  certain  person 
unknown,  £cc.  [and  add]  And  the  said  jurors  upon  their 
oath  aforesaid  further  say,  that  the  said  person  unknown, 
after  he  had  committed  the  said  felony  and  murder  in  man- 
ner aforesaid,  did  fly  away,  against  the  peace,  &c. 


[When  any  person  is  indicted  before  a  corcner  of  murder  or 
manslaughter,  or  as  accessary  thereto,  before  the  fact,  the  re- 
cognizance to  bind  over  witnesses  may  be  in  the  form  follow- 
ing : 

County  of  ss. 

THE  day  of  in  the  year  of,  &c.  A  B  came 

before  me,  A  C,  one  of  the  coroners,  &c.  and  acknowledged 
himself  to  be  indebted  to  the  people  of  this  state,  in,  Sic. 

The  condition  of  this  recognizance  is  such,  that  if  the 
above  bounden  A  B  do  personally  appear  at  the  next  court 
of  oyer  and  terminer  and  gaol  delivery,  to  be  holden  in  the 
said  county,  and  then  and  there  testify  and  set  forth  his 
knowledge,  touching  the  death  of  A  B,  and  do  not  depart 
thence  without  leave  of  the  said  court,  then  this  recogni- 
zance to  be  void,  otherwise  to  remain  in  full  force  and  vir- 
tue. 

Acknowledged  before  me,  the  day  and  year  above  writ- 
ten. A  C. 


WARRANTS,  INFORMATION,  EXAMINA- 
TIONS, &c. 


Warrant  for  an  Assault  and  Battery. 

Dutchess  County,  ss.    To  auy  Constable  of  the  town 
of —  in  said  county,  Greeting  : 

WHEREAS  complaint  hath  been  made  before  me,  G  C, 
Esq.  one  of  the  Justices  of  the  peace  in  and  for  the  said 
county,  upon  the  oath  of  A  B  of  —  in  the  said  county. 

carpenter,  that  C  I)  of  aforesaid,  laborer,  did,  on  the 

 day  of  —  violently  assault  and  beat  him  the  said 

A  Bat  aforesaid  in  the  county  aforesaid  :  These  are 

therefore  in  the  name  of  the  people  of  the  state  of  New- 
York,  to  command  you  forthwith  to  apprehend  the  said  C  D 
and  bring  him  before  me,  to  answer  unto  the  said  complaint, 
and  to  be  further  dealt  with  according  to  law.  Given  un- 
der my  hand  and  seal  the  day  of,  kc. 

Warrant  to  apprehend  a  burglar. 

Dutchess  county,  ss.    TO  any  constable  of  &C< 

FORASMUCH  as  A  B  of  in  the  county  of  

farmer,  hath  this  day  made  information  and  complaint  upon 
oath,  before  me  E  M,  Esq.  one  of  the  Justices  of  the  peace 
in  and  for  the  said  county,  that  yesterday  in  the  night,  the 
dwelling-house  of  him  the  said  A  B  at  — —  aforesaid,  in 
the  county  aforesaid,  was  feloniously  broken  open  and  &c. 
(describe  the  property  taken)  of  the  goods  and  chattels  of  him 
the  said  A  B,  feloniously  and  burglariously  stolen,  taken 
and  carried  away  from  thence ;  and  that  he  hath  just  cause 

to  suspect,  and  doth  suspect  that  E  F  late  of  in  the 

county  of  laborer,  the  said  felony  and  burglary  did 

commit :  These  are  therefore  in  the  name  of  the  people  of 
the  state  of,  &c.  to  command  you,  that  immediately  upon 
sight  -hereof,  you  do  apprehend  the  said  E  F  and  bring  him 
before  me  to  answer  in  the  premises,  and  to  be  further 
dealt  with  according  to  lawr — Herein  fail  you  not.  Given 
under  my  band  and  seal,  the  — — -  day  of,  &c. 


♦ 

WARRANTS,  &c.  217 

Farm  of  an  information  against  a  person  for  felony. 
Countv  of  ) 

ss.  ]  BEIT  REMEMBERED,  that  this  day 

of  &c.  in  the  rear  of  &c.  A  B,of  in  the  county  of  ■ 

farmer,  in  his  proper  person,  comes  before  me,  E  M  Esq. 
one  of  the  justices  of  the  peace  in  and  for  the  said  county, 
and  upon  oath  makes  complaint  that  on  the  —  day  of 
Sec.  divers  goods  and  chattels  of  him  the  said  A  B  of  the 
value  of  that  is  to  say  (Jure  insert  the  articles)  -were  fe- 
loniously stolen,  taken  and  carried  away  from  and  out  of  the 

dwelling  house  of  the  said  A  B  situate  at  aforesaid  in 

the  said  countv,  and  that  he  hath  just  and  reasonable  cause 

to  suspect,  and  doth  suspect  that  C  D  late  of  laborer. 

feloniously  did  steal,  take  and  carry  away  the  same  ;  for 
that  the  said  A  ft  upon  his  oath  aforesaid,  doth  depose  and 
say,  that  (here  set  forth  tkc  circumstances  of  the  theft  and  the 
cause  of  suspicion  that  il  mat}  appear  Io  be  reasonably  r,ud 
thereupon  he  the  said  A  B  prayetb  that  justice  pay  1;« 
done  in  the  premises. 
Before  me,  E  M. 


Form  of  a  warrant  for  felony. 

Dutchess  County,  ss.    To  any  constat, le  of,  tic. 

WHBJREA^S  A  B  of  in  thecounfy  of  farmer 

hath  <  his  day  made  complaint  upon  oath  before  me  E  M  one 
of  the  justices  of  the  peace  in  and  for  the  said  county,  that 

on  the  day  of  &c.  divert  goods  and  chattels  of  him  the 

said  A  B  of  the  value  of  -  that  is  to  say  (name  the  arti- 
cles) were '.feloniously  stolen,  taken  and  carried  away  from 
and  out  of  the  dwelling  house  of  him  f  lie  said  A  B,  situate 

at  aforesaid,  in  the  said  county,  and  that  he  hath  just 

and  reasonable  cause  to  uspect,  and  doth  suspect  that  C  D 
late  of  Ac.  laborer,  feloniously  did  steal,  take  and  carry  away 
the  same  :  These  are  therefore  in  the  name  of  the  people  of 
the  state  of  New-York, to  command  you  forthwith  to  appre- 
hendliim  the  said  C  D  and  to  bring  him  before  me,  to  answer 
unto  the  matters  contained  in  ihe  said  complaint  and  inform- 
ation, and  to  be  further  dealt  with  according  to  law:  Herein 
fail  not.    G  i ven  under  my  haud  and  seal  the — day  of  &c 

T 


21<8 


WARRANTS,  &c. 


Oath  of  a  person  demanding  surely  of  the  peace. 

You  do  swear  that  yon  are  in  fear  of  your  life,  or  some 
tjedily  hurt  to  be  done  or  procured  to  he  done  you,  by  C  D 

of  for  that  the  said  C  D  hath  threatened  to  do  some 

bodily  hurt  unto  you  [or  "  to  wound,  maim  or  kill"  &c.  or 
u  to  burn  your  house"  &c.  as  tlic  case  is]  and  that  you  do  not 
require  the  surety  of  the  peace  [or  "  of  the  good  behaviour1'] 
from  him  for  any  private  malice,  vexation  or  revenge,  but 
for  the  necessary  safety  of  your  person. 


W cur  ant  for  the  peace  or  gcod  behaviour. 

* — —  County,  ss.    To  any  constable  of,  &c. 

W  HERE  AS  A  B,  of  &c."iti  the  said  county,  farmer,  hath 
made  oath  before  me,  I  F  Esq.  one  of  the  justices  of  the 
peace  in  and  for  the  said  county,  that  he  is  afraid  (hat  C  D 
of  &cc.  in  the  saitl  county,  laborer,  will  beat,  [or  "  wound" 
&c.~]  him  [or  "  burn  his  house,"  <£r.]  and  hath  prayed  surety 
of  the  peace  [or  "  of  the  good  behaviour,"]  against  the  said 
C  D  :  These  are  therefore  in  the  name  of  the  people  of  the 
state  of  New-York,  to  command  you  that  immediately  upon 
the  receipt  hereof,  you  bring  the  said  C  1)  before  me  or 
some  other  justice  of  the  peace  of  the  same  county,  to  find 
sufficient  surety,  as  well  for  his  personal  appearance  at  the 
next  general  sessions  of  the  peace,  to  be  holden  in  and  for 
the  said  county  ;  as  also  for  his  keeping  the  peace  [or  "for 
his  good  behaviour"]  in  the  mean  time  towards  the  good 
people  of  this  state,  and  more  especially  towards  the  said 
A  B.    Given  under  my  hand  and  seal  at,  6jc. 


General  form  of  a  Recognizance  with  sureties. 

County  of  ss. 

BE  IT  RE  VTEMBERED  that  on  the  day  of  &c.  in 

the  year  of  &c.  C  D  of  ■  in  the  said  county,  laborer,  N 

K,  of  Sec.  carpenter,  and  S  T  of  the  same  place,  saddler, 
personally  came  before  me,  I  F  Esq.  one  of  the  justices  as- 
signed to  keep  the  peace  in  and  for  the  said  county,  and 
severally  acknowledged  themselves  to  owe  to  the  people  of 
the  state  of  New  York,  to  wit,  the  said  C  D  the  sum  of 
fifty  dollars,  and  the  said  N  K  and  S  T,  each  the  sum  of 
twenty-fiv  e  dollars  separately  of  good  and  lawful  money  of 


WARRANTS,  &c.  218 

the  said  stale,  to  be  respectively  made  and  levied  of  their 
several  goods  and  chattels,  lands  and  tenements  to  the  use 
of  the  said  people,  if  he  the  said  C  D  shall  fail  in  perform- 
ing the  condition  hereon  endorsed  [or  "  underwritten'"  if  it 
be  so.]    Acknowledged  before  me,  I  F. 


Form  of  the  condition  cf  a  recognizance  for  (he  peace  or  good 
behaviour. 

The  condition  of  this  recognizance  is  such,  that  if  the 
within  [or  "above*']  bounden  C  D  shall  personally  appear  at 
the  next  general  sessions  of  the  peace,  to  be  holden  in  and 
for  the  county  aforesaid,  to  do  and  receive  what  shall  then 
and  there  be  enjoined  him  by  the  court,  and  in  the  mean 
time  shall  keep  the  peace  [or  "  be  of  good  behaviour'"']  to- 
wards the  people  of  the  said  state,  and  especially  towards 
A  B,  of,  See.  in  the  said  county,  farmer ;  then  the  said  re- 
cognizance shall  be  void  or  else  remain  in  full  force. 

Condition  of  a  recognizance  to  answer  to  an  indictment  for  an 

assaidt  and  batten/. 

The  condition  of  this  recognizance  is  such,  that  if  the  a- 
bove  bounden  C  D  shall  personally  appear  at  the  next 
general  sessions  of  the  peace,  to  be  holden  in  and  for  the 
said  county,  then  and  there  to  answer  to  an  indictment  to 
be  preferred  against  him,  by  A  B  of  yeoman,  for  an  as- 
sault and  battery  upon  him  the  said  A  B,  and  to  do  and  re- 
ceive what  shall  by  the  court,  be  then  and  there  enjoined  on 
him,  and  shall  not  depart  the  court  without  leave,  then  the 
above  recognizance  to  be  void,  otherwise  to  remain  in  full 
force. 


Warrant  of  commitment  for  want  of  sureties. 

 County,  ss.    To  any  constable  of  &c.  and  to  the- 

keeper  of  the  common  gaol  in  the  said  county,  Greeting: 

Whereas  C  D  of  in  the  said  county,  laborer,  is  now- 
brought  before  me,  I  F,  Esquire,  one  of  the  justices  of  the 
peace  in  and  for  the  said  county,  and  required  to  find  sutti 
cient  sureties  to  be  bound  with  him  in  a  recognizance  for 
his  personal  appearance  at  the  next  general  sessions  of  the 
per.ee  to  be  holden  in  and  for  the  said  county,  and  in  the 


220 


WARRANTS,  &c. 


mean  time  to  keep  the  peace  [or  "be  of  good  behaviour"]  to- 
wards the  good  people  of  the  state  of  New- York,  and  more 

especially  towards  A  B  of  in  the  said  county,  farmer : 

And  whereas  the  said  C  D  hath  refused  and  doth  now  re- 
fuse [or  "  hath  neglected  and  doth  now  neglect]  before  me  to 
find  such  sureties  :  These  are  therefore  in  the  name  of  the 
people  of  the  said  state  to  command  you  the  said  constable 
forthwith  to  convey  the  said  C  D  to  the  common  gaol  of  the 
said  county,  and  to  deliver  him  to  the  keeper  thereof,  to- 
gether with  this  precept.  And  I  do  hereby  command  you 
the  said  keeper,  to  receive  the  said  C  D  into  your  custody 
in  the  said  gaol,  and  him  there  safely  to  keep  until  he  shall 
find  such  sureties  as  aforesaid.  Given  under  my  hand  and 
seal,  at,  &c.  the  day  of,  &c. 

If  a  warrant  is  issued  by  a  justice  and  the  offender  escapes 
into  another  county,  a  justice  of  such  other  county,  on 
proof  of  the  hand  writing  of  the  justice  issuing  the  warrant, 
must  indorse  his  name  on  the  same,  which  wiil  be  an  au- 
thority to  arrest  the  party  there.    1  L.  N.  Y.  1 49. 

Foivn  of  the  Indorsement. 

County  of  Dutchess,  ss. 
WHEREAS  proof  upon  oath  hath  been  made  before  me 
G  C,  one  of  the  justices  of  the  peace  in  and  for  the  B-aiU 
county  of  Dutchess,  that  the  name  of  I  F  to  the  v.  i  writ- 
ten warrant  subscribed,  is  of  the  proper  ha  act  wrltii  \.  of  ike 
said  I  F,  the  justice  of  the  peace  within  meatior^d  :  1  do 
therefore  hereby  authorise  P  K,  who  brings  to  me  this  v.  ar- 
rant, and  all  other  persons  to  whom  the  said  variant  is 
directed,  to  execute  the  same  witliin  the  said  county  pf 
Dutchess.    Given  under  my  hand,  &c. 

Form  of  a  complaint  to  obtain  a  search  warrant. 
—  County,  ss. 

BE  IT  REMEMBERED  that  this  day  of  

A  B  of  in  the  said  county  of  yeoman,  in  his 

proper  person,  comes  before  me  J  C  Esq.  oneof  the  justices 
of  the  peace  in  and  for  the  said  county,  and  upon  oath 
maketh  complaint,  that  on  the  day  of,  &c.  [or  as  the 


WARRANTS,  &*. 


221 


case  is]  divers  goods  and  chattels  of  him  the  said  A  B,  oi 
the  value  of,  &c.  that  is  to  say,  &c.  {describe  the  articles) 
were  feloniously  stolen,  taken  and  carried  away,  from  and 
out  of  the  dwelling  house  of  him  the  said  A  B,  situate  at, 
<fec.  in  the  county  aforesaid  :  and  that  he  hath  ju3t  and  rea- 
sonable cause  to  suspect,  and  doth  suspect,  that  the  said 
goods  and  chattels,  or  some  part  thereof,  are  concealed  in 
the  dwelling  house  of  P  R,  of,  &c.  i;  said  county,  labourer  : 
for  he,  the  said  A  B  upon  his  oath  aforesaid,  doth  depose 
and  say,  that  {set forth  tin  grounds  of  suspicion,  that  the;, 
may  appear  to  be  reasonable,)  and  therefore,  he  the  said  A 
3  prays  that  justice  may  be  done  in  the  premises- 
Before  me,  &c. 


Search  warrajit  on  the  above  CGmplauit. 

County  of  ss.  To  any  Consiable  of  <fcc. 

Whereas  A  B,  of  in  the  said  county,  yeoman,  hath 

this  day  made  complaint  upon  oath,  before  me,  J  C  Esq. 
one  of  the  justices  of  the  peace  in  and  for  the  said  county, 
that  on  &c.  certain  goods  and  chattels  of  him,  the  said  A 
B  to  wit:  —  have,  by  some  person  or  persons  unknown, 
been  feloniously  stolen,  taken  and  carried  away  out  of  the 
dwelling  house  of  him,  the  said  A  H  at  —  aforesaid,  h: 
the  couuty  aforesaid  :  and  that  he  the  said  A  B  hath  prob- 
able cause  to  suspect,  and  doth  suspect  that  the  said  goods 
and  chattels,  or  some  part  thereof,  are  concealed  in  the 
dwelling  house  of  P  R,  of  in  the  said  county,  labour- 
er :  These  are  therefore  in  the  name  of  the  people  of  the 
state  of  New  York,  to  authorise  and  require  yoa,  with  ne- 
cessary and  proper  assistance,  to  enter  in  the  day  time,  in- 
to the  said  dwelling  house  of  the  said  P  R>  at    afore- 
said, in  the  county  aforesaid,  and  there  diligently  to  search 
for  the  said  goods  :  and  if  the  same,  or  any  part  thereof 
shall  be  found  upon  such  search,  you  are  to  bring  the  goods 
so  found,  and  also  the  body  of  the  said  P  R  before  me, 
or  some  other  of  the  justices  assigned  to  keep  the  peace  in 
and  for  the  county  aforesaid,  to  be  disposed  of  and  further 
dealt  with  according  to  law.  Given  under  my  band  act! 
?eal  at,  &c. 

T2 


warrants;  &e. 


Form  of  an  Examination  of  a  person  charged  with  felony* 
 County  ss.  The  eftmination  of  O  P  late  of  la- 
bourer, taken  before  me,  D  A,  Esquire,  one  of  the  justices 

of  th*>  peace,  in  and  for  the  said  county,  this   dayoi 

 in  the  year  of  Sec.  The  said  O  P  being  charged  be- 
fore me  by  A  B,  of  &c.  yeoman,  with  feloniously  stealing, 
taking  and  carrying  away  out  of  the  dwelling  house  of  the- 

sai't  \  B  at  on  &c.  {here  describe  the  articks  and  state 

the  value  of  them)  of  the  goods  and  chattels  of  him,  the  said; 
A  B  :  He,  the  said  O  P,  upon  his  examination  now  taken 
before  me  in  pursuance  of  the  act  in  such  case  made  and 
provided,  saith  [wconfesseth  or  denieth,}  That&c.  {ac- 
cording to  the  fact.)    Taken  before  me,  &c. 

Form  of  the  information  or  complaint  of  a  felony  committed  &c. 
County  of  > 

ss.  \    The  information  of  A  B,  of  Sec.  yeoman, 
taken  before  me,  &c.  {as  before.) 

General  form  of  a  Recognizance  to  prosecute  and  give  evidence. 
County  of  ) 

 ss.  $    BE  IT  REMEMBERED,  that  on  the  

day  of  in  the  year  &c.  A  B  of  in  the  said  coun- 
ty, yeoman,  came  before  me,  D  A,  Esquire,  one  of  the 
justices  assigned  to  keep  the  peace  in  and  for  the  said, 
county,  and  acknowledged  himself  to  owe  to  the  people  of 
this  state,  the  sum  of,  &c.  of  good  and  lawful  money  of  this 
state,  to  be  made  and  levied  of  hii  goods  and  chattels,  lands 
and  tenements,  to  the  use  of  the  said  people,  if  the  said  A 
B,  shall  fail  in  the  condition  following : 
Acknowledged  before  me  C  D,  &c. 

One  P  R,late  of  &c.  labourer,  was  this  day  brought  be- 
fore me,  the  justice  above  named,  by  the  above  bounden  A 
B,  and  was  by  him  charged  with  feloniously  stealing,  taking 
and  carrying  away  at  —  in  the  county  aforesaid,  one  &c. 
{here  describe  the  articles,  cfrc.)  of  the  value  of  &c.  of  the 
goods  and  chattels  of  him,  the  said  A  B,  whereupon  he, 
the  said  P  R  was  committed  by  me,  the  said  justice,  to 
the  commou  gaol  at  &c.  Now  therefore  the  condition  of 
Ihe  above,  recognizance  is  sucb>  that  if  he,  the  said  A  B  <to 


WARRANTS,  &c.  223 

and  shall,  at  the  next  general  sessions  oC  the  peace  [or 
"  gaol  delivery,"]  to  be  holden  in  and  for  the  said  county, 
prefer,  or  cause  to  he  preferred,  a  bill  of  indictment  of  the 
said  felony,  against  the  saidP  R,  and  shall  then  and  there 
also  give  evidence  concerning;  the  same,  as  well  to  the  ju- 
rors that  shall  then  enquire  of  the  said  felony,  as  also  to 
them  that  shall  pass  upon  the  trial  of  the  said  P  R,  (lien 
the  said  recognizance  shall  be  void,  or  otherwise  remain  in 
full  force  and  effect. 

Form  of  a  warrant for  a  witness. 

 County,  ss.  To  any  Constable  of  &<;. 

Whereas  oath  has  been  made  before  me,  B  A.  Esquire*, 
one  of  the  justices  of  the  peace  in  ami  for  the  said  county, 
by  A  B,  of  et  c.  that  certain  goods  and  chattels  of  him  the 
said  A  B,  to  wit,  {name  the  articles)  of  the  valueof,  &c.  were 
lately  feloniously  3tolen,  taken  and  carried  away  from  and 
out  of  the  dwelling  house  of  him,  the  said  A  B,  at  &c.  (or  as 
the  case  may  be)  and  that  he  hath  good  cause  to  believe  that 

P  R  of  is  a  material  witness  to  prove  by  whom  the  said 

felony  was  committed  :  These  are  therefore  to  require  you 
to  cause  the  said  P  R  forthwith  to  come  before  me,  to  give 
such  information  and  evidence  as  he  Unoweth  concerning  the 
said  offence,  that  such  further  proceedings  may  be  had  there- 
in as  to  the  law  doth  appertain.  Given  under  my  hand  and 
seal  at    ■     in  the  said  county,  the  day  of  &c. 

Condition  of  a  recognizanoPld  give  evidence. 
The  condition  of  the  above  recognizance  is  such,  that  if 
the  above  bounden  P  R  shall  personally  appear  at  the  next 

general  sessions  of  the  peace,  to  be  holden  at  in  and 

for  the  said  county,  and  then  and  there  give  such  evidence  as 
he  knoweth,  upon  a  bill  of  indictment,  to  be  exhibited  by 

A  B  of  yeoman,  to  the  grandjury,  against  C  I),  late  of 

 in  the  said  county,  laboter,  for  feloniously  taking  and 

carrying  away  (here  name  the  goods)  the  property  of  and 

in  case  the  said  bill  be  found  a  true  bill,  then    the  said  P  R 
shall  then  and  theregive  evidence  to  the  jurors  that  shallpass 
on  the  trial  ofthe  said  C  D  upon  the  said  bill  of  indictment  , 
and  not  depart  thence  without  leave  of  the  court,  then 
this  recognizance  to  be  Yoid,  otherwise  te  remain  in  full, 
force  and  effect 


224 


WARRANTS,  to 


Form  of  a  mittimus  for  felony, 

 County,  ss.  To  any  constable,  of  Sec.  and  to  the 

keeper  of  the  common  gaol  in  I  lie  said  county  :  These  are 
to  charge  and  command  you,  the  said  constable,  in  the 
name  of  the  people  of  the  state  of  New  York,  forthwith  to 
carry  and  deliver  into  the  custody  of  the  said  keeper  ot  the 
said  gaol,  the  body  of  0  D  this  day  brought  before  me,  E 
C,  Esq.  one  of  the  justices  o£the  peace  in  and  for  the  said 
county,  by  B  W,  a  constable  of  <fcc.  and  charged  upon  the 
oath  of  A  B  with  {here  set  forth  ike  offence)  :  And  you,  the 
said  keeper,  are  hereby  required  to  receive  the  said  0  D 
into  your  custody  in  the  said  gaol,  and  him  there  safely 
keen  until  he  be  thence  delivered  by  due  course  of  law. 
Given  under  my  hand  &c.  at  &c. 


Warrant  to  apprehend  affrayers. 

Ulster  County,  ss.  To  any  constable  of  the  said  county 
Greeting. 

Whereas  A  I,  of —yeoman, hath  this  day  made  oath 
before  me,  J  P,  esquire,  one  of  the  justices  of  the  peace  for 

the  said  county,  that  on  the  •  day  of  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and  A  O  of  

yeoman,  and  B  O  of  yeoman,  at  in  the  said  county 

in  a  tumultuous  manner  made  an  affray,  wherein  the  person 
of  the  said  .  I  was  beaten  and  abused  by  them  the  said  1 
O  and  B  O  without  any  lawful  or  sufficient  'provocation  giv- 
en to  them  or  either  of  them,  by  him  the  said  A  I.  These 
are  therefore  in  the  name  of  the  people  of  the  state  of  New 
York,  to  command  you  forthwith  to  apprehend  the  said  A 
O  and  B  O,  and  bring  them  before  me,  or  some  other  of  the 
justices  of  the  peace  for  the  said  county,  to  answer  the  pre- 
mises, and  to -find  sureties  as  well  for  their  personal  appear- 
ance at  the  next  general  sessions  of  the  peace  to  be  holder 
for  the  said  county,  then  and  there  to  answer  to  an  indict- 
ment to  be  preferred  against  them  by  the  said  A  I,  for  the 
said  offence,  as  also  for  their  keeping  the  peace  in  the  mean 
time,  towards  the  good  people  of  this  state,  and  especially 
towards  him  the  said  A  I.  Hereof  fail  not,  as  you  will  an- 
swer to  the  contrary  at  your  peril.  Given  under  my  hand 
and  seal,  at  — —  in  the  said  county,  the  — —  d»y  of 
 &c 


WARRANTS,  &c. 


225 


Warrant for  a  Barrator, 

Queen?  County,  ss.  To  any  constable  of  said  county. 
WHEREAS  complaint  upon  oath  hath  been  made  unto 

me,  one  of  the  justices  of  the  peace  in  and  for  the  said 

county,  that  AO  of  in  the  said  county, yeoman, on  the 

  day  of  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and   and  on  divers  other  days  and  times,  as 

well  before  as  afterwards,  at  aforesaid,  in  the  county 

aforesaid,  and  at  divers  other  places  within  the  county  afore- 
said, wasandyetis  a  common  barrator,  and  daily  disturber 
of  the  peace  of  the  people  of  the  state  of  New-York,  and  al- 
so a  common  brawler,  wrangler,  fighter,  scandalizer,  and 
sower  of  seditions,  suits  and  discords  between  his  neigh- 
bours, and  other  the  people  of  the  said  state,  to  the  great 
damage  and  disturbance  of  the  said  people,  and  against  the 
peace  of  the  said  state,  and  to  the  evil  example  of  all  others 
in  the  like  case  offending :  These  are  therefore  in  the  name 
of  the  said  people,  to  command  you  forthwith  to  bring  the 
said  A  O  before  me  to  answer  unto  the  said  complaint,  and 
to  find  sureties  for  his  personal  appearance  at  the  next  gen- 
eral sessions  of  the  peace  to  be  holden  for  the  said  county, 
at  on  the  — —  day  of  next,  then  and  there  to  an- 
swer unto  an  indictment  on  the  behalf  of  the  people  of  the 
said  state,  to  be  preferred  against  him  for  the  said  offences. 
Hereof  fail  not  upon  the  peril  that  shall  ensue  thereon. 
Given  under  my  hand  and  seal,  the  day  ol  — - —  &c. 


Warrant  cf  two  Justices  to  apprehend  an  offender. 

County  of  S3.    To  any  constable  of,  &c. 

WH£JKJ2AS  complaint  hath  been  made  unto  us,  tfhose 
narn"s  and  seals  are  hereunto  set,  two  of  the  justices  of  the 
peace  for  the  said  county,  upon  the  oath  of  A  I  cf  yeo- 
man, and  15 1  of-  yeoman,  that  on  the  day  of  

A  O  of  yeoman,  did  knowingly  and  designedly,  and 

by  false  pretences,  that  is  to  say,  by  [here particularise  titc  of- 
jfcncf]  obtain  [here  mention  the  things]  from  C  I  of  —  con- 
trary to  the  statute  in  that  case  made  and  provided  :  These 
are  therefore  to  command  you,  upon  sight  hereof,  forthwith 
to  bring  the  said  A  O  before  us,  at  —  to  answer  the  said 
complaint,  and  further  to  be  dealt  withal  according  to  law. 
Given  under  onr  hands  and  seals,  the  —  day  of,&c. 


226 


WARRANTS,  &c. 


A  warrant  to  apprehend  a  person  for  coining  of  money,  audio 

seize  his  instruments,  &c. 

County  of  ss.  To  any  Constable  of  &c. 

WHEREAS  A  B  of  (fee.  hath  this  day  made  oath  before 
me,  that  on.  &c.  last  past,  at  the  house  of  C  D  situate,  in  &e. 
he  being  in  the  next  room,  to  a  private  shop  or  ware-house 
of  the  said  C  D,  (who  is  by  trade  a  silver-smith)  through  a 
hole  or  crany  in  the  partition  wall  or  door,  saw  the  said  C 
D  busy  with  many  tools  and  instruments  in  making  and 
moulding  some  white  pieces  of  metal  of  a  round  form,  and 
about  the  size  of  shillings  and  half  crowns,  which  lie  took  to 
be  the  coining  cf  money  ;  These  are  therefore  in  the  name 
of  the  people  of  this  state  to  command  you  to  apprehend 
the  said  C  I)  and  seize  all  the  tools  and  instruments,  and 
money,  which  you  can  find  in  the  shop  or  house  of  him  the 
said  C  O,  and  that  you  do  bring  him  together  with  the  said 
tools  and  instruments  and  money  (it  any  such  you  can  find) 
before  me,  or  some  other  of  thejustices  of  the  peace  for  this 
county,  to  be  examined  concerning  the  premises,  and  to  be 
dealt  with  according  to  law.    Given,  &c.  , 


Recognizance  with  sureties. 

County  of  ss. 

BE  it  remembered,  that  on  the  day  of  in  the 

vear  of  our  Lord  O  O  of  in  the  said  county  of 

 blacksmith,  and  T  S  of  in  the  same  county,  ma- 
son, and  S  S  of  in  the  said  county,  yeoman,  personally 

came  before  me,  J  P  Esquire,  one  of  the  justices  assigned  to 
keep  the  peace  in  and  for  the  said  county,  and  severally  ac- 
knowledged themselves  to  owe  to  the  people  of  the  state  of 
New- York  ;  that  is  to  say,  the  said  O  O  the  sum  of  50  dollars, 
and  the  said  T  S  and  S  S  the  sum  of  25  dollars,  separate- 
ly, of  good  and  lawful  money  of  the  said  state,  to  be  made 
and  le  vied  of  their  goods  and  chattels,  lands  and  tenements 
respectively,  to  the  use  of  the  said  people,  if  the  said  O  O 
shall  make  default  in  the  condition  following  [or  hereon  in- 
dorsed, as  tlie  case  is.*~\ 

Acknowledged  theday  andyear  above  written  beforeme, 

*The  condition  of  the  recognizance  may  be  wrote  either  on  the  back 
or  at  the  foot  thereof  but  the  latter  seems  best. 


WARRANTS,  &c. 


227 


The  condition  of  the  above  [or  within  written]  recogni- 
zance is  such,  that  if  the  above  hound  00  do  and  shall  — — 
[as  tlx  condition  is]  then  the  said  recognizance  to  be  void, 
or  otherwise  remain  in  full  force. 

Recopiisance  without  serctus. 

County  of  ss. 

BE  it  remembered,  that  on  the  day  of  in  the 

year  of  our  Lord  O  0  of   in  the  said  county  la- 
borer, personally  came  before  me,  J  P  Esq.  one  of  the  Justi- 
ces of  the  peace  in  and  for  the  said  county,  and  acknowl- 
edged himself  to  owe  to  the  people  of  the  state  of  New-York, 
i 5  dollars  of  good  and  lawful  money  of  the  said  state  ;  to  be 
levied  of  his  goods  and  chattels,  lands  and  tenements,  to  the 
use  of  the  said  people,  if  default  shall  be  made  in  the  condi- 
tion following. 

Acknowledged  the  day  and  year  above  written,  before 
me,  J  P- 

The  condition,  &c.  is  suc|i,<£c 


Record  of  a  conviction  before  Magistrates. 

County  of  )      TTJ  E  it  remembered,  that  on  the  day 

S  9S*  .15  °f          m  the  year  of  our  Lord  one 

thousand  eight  hundred  and  at  in  the  county  of 

 aforesaid,  A  1  of  comes  before  us,  J  P  and  S  B, 

Esquires,  two  of  the  justices  assigned  to  keep  the  peace  in  and 
for  the  said  county,  and  also  to  he»r  and  determine  divers 
felonies,  trespasses,  and  other  misdemeanors  in  the  said  coun- 
ty committed,  and  gives  us  the  said  justices  to  understand  and 
be  informed  that  one  A  O  of  in  the  said  county,  yeo- 
man, on  the  day  of        now  last  past,  at        in  the 

said  county,  did  [Jure  set  forth  the  fact  in  the  words  of  the 
statute,  as  near  as  jnay  he]  against  the  form  of  the  statute  in 
such  case  made  and  provided  :  And  afterwards  upon  the  a- 

foresaid,  day  of  in  the  year  aforesaid, at  in  the 

county  aforesaid,  he,  the  said  A  O  after  beingduly  summon- 
ed in  this  behalf  before  U3,  the  justices  aforesaid,  appears  and 
is  present,  in  order  to  make  his  defence  against  the  said- 
charge  contained  in  the  said  information,  and  having  heard 
the  same,  he  the  said  A  O,  is  atiked  by  us  the  said  justices, 
if  he  can  say  any  thing  for  himself  why  he  should  not  be  con- 


228  WARRANTS,  kc. 

victed  ofthe  premises  above  charged  upon  him  in  form  afore- 
said :  And  thereupon  he  says  he  is  not  guilty  of  said  of- 
fence [or  pleads  and  says  that,  as  the  defence  may  be~\ — 
Whereupon  one  credible  witness  to  wit,  A  W  of  yeo- 
man, comes  before  us,  the  said  justices,  and  upon  his  oath, 
the  same  oath  being  by  us  then  and  there  duly  administered, 
and  in  the  presence  as  well  of  the  said  A  I  as  of  the  said  A 
O  deposes,  swears,  and  upon  his  oath  aforesaid,  says, 

that  the  aforesaid  A  O  on  the  ■        day  of  in  the 

year  aforesaid,  at  —  in  the  county  aforesaid,  did  [here  a- 
gam  set  forth  the  fact,  or  so  much  thereof  as  is  sufficient  to  con- 
vict the  offender]  And  thereupon  the  aforesaid  A  O  the  

day  of  in  the  year  aforesaid,  before  us  the  justices  a- 

foresaid,  by  the  oath  of  one  credible  witness  aforesaid,  ac- 
cording to  the  form  of  the  statute  is  convicted  ;  and  for  his 

offence  aforesaid,  has  forfeited  the  sum  of  of  lawful 

money  of  the  state  of  New-York,  to  be  distributed  as  the 
statute  aforesaid  directs.  In  witness  whereof,  we,  the  said 
Justices,  to  this  present  record  of  conviction  as  aforesaid, 

have  set  our  hands  and  seals  at.  in  the  county  aforesaid. 

the  day  and  year  first  above  written. 

If  he  confesses  the  fact,then  say — And  because  the  said  A 
O  has  nothing  to  say,  nor  can  say,  any  thing  in  his  own 
defence  touching  and  concerning  the  premises  aforesaid,  but 
does  of  his  own  accord  freely  and  voluntarily  acknowledge 
and  confess  all  and  singular  the  said  premises  to  be  true,  in 
manner  and  form  as  the  same  are  charged  upon  him  in  the 
said  information ;  and  because  all  and  singular  the  premis- 
es being  heard,  and  fully  understood,  by  the  said  Justices, 
it  manifestly  appears  to  us  [or  if  the  party  has  been  summon- 
ed and  does  not  appear  then  say] — Whereupon,  on  the  said 

 day  of  *  in  the  year  aforesaid,  at  in  the 

county  aforesaid,  he,  the  said  A  O  was  duly  summoned  in 
this  behalf,  to  appear  before  us  in  order  to  make  his  defence 
against  the  said  charge  contained  in  the  said  information, 
but  the  said  A  O  neglects  to  appear  before  us,  and  does  not 
appear  nor  make  any  defence  against  the  said  charge  as  a- 

foresaid  :  Therefore,  we,  the  said  justices,  on  the  said  

day  of  in  the  year  aforesaid,  at  — —  in  the  county  a- 

foresaid,  do  proceed  to  examine  into  the  truth  of  the  said 
complaint :  And  A  W  of  -a credible  witness,  comes  be- 
fore us,  the  justices  aforesaid,  and  upon  his  oath,  &c. 


WARRANTS,  See. 


229 


Form  of  conviction  under  the  law  for  suppressing  immorality. 

City  of  New- York,  (or  county,)  to  v.  it. 

BE  IT  REMEMBERED,  that  on  the  day  of  

in  the  year  of  our  Lord  one  thousand  A  B  was  con- 
victed before  me  C  D,  mayor,  (recorder,  or  one  of  the  alder- 
men of  the  said  city,  or  one  of  the  justices  of  the  peace  of  the  said 
county)  of  crying,  or  shewing  forth  or  exposing  to  sale,  one 
(or  two  or  more,  specifying  the  number,  quantity  and  kind  of 

goods)  on  a  Sunday,  in  the  said  city,  (or  (lie  town  of  in 

the  said  county)  or  of  travelling,  (or  doing  servile  work  or  la- 
bor, or  of  shooting,  fishing,  sporting,  playing,  horse-racing, 
hunting*  or  frequenting  iippdng  houses,  or  using  some  unlaw- 
ful exercise  or  pastime)  on  Sunday,  or  of  swearing  one  (or 
two  or  more)  profane  oath  or  oaths,  or  of  uttering  one  (or 
more)  profane  curse  (or  curses)  in  the  said  citj\  (or  at  the 

town  of  in  the  said  county,  as  the  case  may  require)  or 

of  obstructing  on  the  — — •  day  of  the  free  passage  of 

the  highway,  in  the  city  (or  town  of  )  within  the  dis- 
tance (if  one  mile  from  a  place  of  public  worship,  or  of  wil- 
fully disturbing,  on  the   day  of  an  assembly  of 

people  met  for  religious  worship,  in  the  city  or  town  of— 
by  making  a  noise,  or  by  rude  and  indecent  behaviour,  or 
by  profane  discourse,  or  by  exhibiting  shows  or  plays,  or 
by  promoting  or  aiding  horse-racing  or  gaming,  (as  the  case 
may  be)  or  by  exposing  to  sale  ardent  or  distilled  liquors,  or 
of  having  on  tlve  day  of  kept  or  opened  a  huck- 
ster's shop  upon  the  highway  within  the  distance  of  one 
mile  from  t lie  place  where  such  religious  society  were  as- 
sembled for  public  worship  (as  the  case  may  require")  Giv- 
en, clc. 

— o+e— 

Form  of  the  Lfurnudion. 
County  of  — — -ss. 

BE  it  remembered,  thai  on  the  day  of  J  S  of 

 in  thesaidcounty,  gentleman,  informs  and  makes  oath 

before  me,  J  P  Esquire,  one.  of  the  justices  of  the  peace,  in 

and  for  the  said  county,  that  on  the         day  of «   now 

last  past,  [being  the  LouPsdety,  commonly  called  Sunday ,  if  it 

be  for  breach  of  Sabbath]  at  (be  town  of          ih  the  said 

county,  he,  the  said  J  S  saw  O  Oof  expose  tosale  one 

[or  two.  or  more,  specifying  the  number^  quality  and  kind  of 
goods :]  or  travelling,  or,  doing  servile  work  ;  or,  hunting  : 
or,  heard  him  swear  one  [or  more]  profane  oath :  4>r,  utter 
IT 


230 


WARRANTS,  &c. 


one  [or  more]  profane  curse,  in  these  words,  to  wit ;  [here  set 
forth  the  words  of  the  oath]  or,  saw  him  drunk,  [as  the  case 
may  be.] 


Summons  thereon. 

County  of  ss.  To  any  constable  of  &c. 

WHEREAS  information  upon  oath  has  this  day  been 
made  before  me,  J  P.  esq.  one  of  the  justices  of  the  peace 

ill  and  for  the  said  county,  by  J  S  of  ■        that  on  the  

day  of  -[being  the  Lord's  day,  commonly  called  Sunday, 

if  it  be  for  breach  of  Sabbath]  he  saw  [or  heard]  O  0  of  

expose  to  sale,  one  &c.  [or,  swear  one  profane  oath,  &c.  here 
set  forth  the  offence  as  it  is  in  the  information  ;]  These  are 
therefore  to  command  you  to  cause  the  said  O  O  forthwith  to 
appear  before  me,  to  answer  the  premises,  and  to  be  further 
dealt  with  according  to  law.  Given  under  my  hand  and 
seal  at      i  the        day  of 

— 040— 

Warrant  for  penalty. 

County  of— ss. 

WHEREAS  0  0,  of  in  the  said  county,  is  duly 

convicted  before  me,  J  P,  Esq.*one  of  the  justices  of  the 
peace  in  and  for  the  said  county,  of  travelling  on  a  Sunday, 
contrary  to  the  statute  in  that  case  made  and  provided, 
whereby  he  has  forfeited  to  the  use  of  the  poor  of  the  said 
town,  the  sum  of  seventy-five  cents.  These  are  therefore 
to  command  you  forthwith  to  levy  the  said  seventy-five 

cents.  And  also  which  I  have  settJed  and  ascertained 

as,  and  for  the  charges  of  the  proceedings  against  him, 
touching  his  said  offence,  by  distress  and  sale  of  the  goods 
and  chattels  of  the  said  O  O,  and  to  pay  the  said  forfeiture 
to  the  overseers  of  the  poor  of  the  said  town,  for  the  use  of 
the  poor  thereof.  And  you  are  to  certify  to  me,  with  the 
return  of  this  precept,  what  you  shall  have  done  in  the  ex- 
ecution thereof.  Given  under  my  hand  and  seal,  at  —  in 
the  said  county,  the  —  day  of  


INNS. 


231 


Appointment  of  a  town  officer  by  three  justices. 

County  of  ss. 

WE,  J  P,  E  P,  and  S  P,  Esquires,  three  of  the  justices  of 
the  peace  in  and  for  the  said  county,  residing  in  [or,  near,  or 

the  said  E  J  and  F  J,  residing  iri]  the  town  *  of          in  the 

said  county,  [and  the  said  S  J  residing  near  the  said  town,  as 
the  case  maybe]  do  hereby  nominate  and  appoint  A  S,  being 
a  freeholder  and  inhabitant!  of  the  said  townof  to  be  su- 
pervisor [or,  as  the  casemay  be]  for  the  same  town,  according 
to  the  direction  of  the  statute  in  that  Cfise  made  and  provid- 
ed.   Given  under  our  hands  and  seals  the  «  day  of  

*  If  the  appointment  is  in  a  city,  say,  residing  i?i  the  city  of,  &c. 

f  If  a  constable  for  the  city  of  Albany,  say,  being  an  inhabitant  of 
said  city.  But  neither  the  word  freeholders  or  inhabitants  is  mention- 
ed in  the  statute  as  qualifications  of  any  of  the  town  officers  of  the 
eity  of  '  .udson. 


INNS. 


Oath  to  be  taken  by  commissioners  before  the  granting  of  any 
licence*, 

I,  one  of  the  commissioners  of  excise  for  the  town  of 

■  in  the  county  of  do  solemnly  swear,  in  the  pres- 
ence of  Almighty  God,  that  I  will  not  on  any  account  or 
pretence  whatsoever,  grant  any  license  to  any  person  with- 
in the  said  town  of  for  the  purpose  of  keeping  an  inn 

or  tavern,  except  where  it  shall  appear  to  me  to  be  abso- 
lutely necessary  for  the  benefit  of  travellers:  and  that  I 
will  in  all  things,  while  acting  as  a  commissioner  of  excise, 
do  my  duty  according  to  the  best  of  my  judgment  and  abili- 
ty, without  fear,  favor,  or  partiality,  agreeable  to  law. 

Indorsed  on  the  back  thus  : 

I,  one  of  thejustices  of  the  peace  for  the  county  of 

*  within  mentioned,  do  certify  that,  on  this  day  of 

—  A  B,&c.  within  named,  took  and  subscribed  before 
me  the  within  written  oath. 


232 


INNS. 


Form  of  a  permit  for  an  Inn. 

To  all  persons  to  whom  these  presents  shall  come  or  may 
concern. 

It  appearing  to  us  whose  names  and  seals  are  hereunto  af- 
fixed, commissioners  of  excise  for  the  town  in  the 

county  of  that  A  B  of  the  said  town  is  a  person  of  good 

character,  and  that  an  inn  or  tavern  at  the  house  in  which 
the  said  A  B  now  resides  in  the  said  town  is  necessary  for 
the  accommodation  of  travellers,  and  the  said  A  B  having 
applied  to  us  for  a  licence  to  reLiil  strong  liquors,  at  such 
place,  we  de,  therefore,  in  pursuance  ol  the  authority  given 
lo  us  by  the  act  for  laying  a  duty  on  strong  liquors,  and  for 
regulating  inns  ami  taverns,  license  the  said  A  B  (o  keep 
an  inn  or  tavern  and  to  retail  strougor  spirituous  liquors  un- 
der five  gallons,  as  auitm  keeper,  at  his  dwelling  house  a- 

foresaid,  and  not  elsewhere  in  the  said  town  of  until 

the  first  Tuesday  of  AMay  next  and  no  longer.  Given  un- 
der our  hands  and  seals  this  day  of  


Recognisance  by  the  Innkeeper. 
County  of  ss. 

BE  it  rememhered,  that  on  the  day  of          in  the 

year  of  our  Lord  —  LL  of  in  the  county  aforesaid, 

innkeeper,  personally  came  before  me,  J  P  Esq.  justice  of 
the  peace  for  the  said  counly  [or  if  in  a  city ,  mayor,  cr  in 
his  sickness  or  absence,  recorder  of  the  said  city]  and  ac- 
knowledged himself  to  owe  to  the  people  of  the  state  of  New 
York  the  sum  of  one  hundred  and  twenty  five  dollars,  to 
be  made  and  levied  of  his  goods  and  chattels,  lands  and 
•  enements,  to  the  use  of  the  said  people,  if  default  shall  be 
made  in  the  condition  undti  written. 

Whereas  the  above  boundeu,  L  L  is  licensed  to  keep  an 

inn  or  tavern  from  the  present   day  of  —  until  the 

first  Tuesday  of  May  next,  in  the  house  where  he  now 
dwells  at  aforesaid.  Now  the  condition  cf  this  recogni- 
zance is  such,  that  if  the  said  L  L  shall  not,  during  the  time  he 
shall  keep  an  inn  or  tavern, keep  a  disorderly  inn  or  tavern,or 
suffer  or  permit  any  cock-fighting,  gaming,  or  play  ing  with 
cards  or  dice,  or  keep  any  billiard  table,or  other  gaming  table, 
or  shufiie  board,  within  the  inn  or  tavern  by  him  to  e  ke  >(, 
or  within  any  outhouse,  yard  or  garden  belonging  there- 


INNS. 


23S 


unto  ;  then  this  recognizance  shall  be  void,  or  otherwise 
remain  in  fail  force  and  effect. 

Taken  and  acknowledged  the  day  and  year  above  writ- 
ten, before  me,  J  P- 

Conviction  against  an  Innkeeper. 
City  of  New-York  (or  County,)  ss. 

BE  IT  REMEMBERED,  that  og  the  day  of  

in  the  year  of  our  Lord  one  thousand  eight  hundred  and  

A  B  of  the  city  of  New-York,  (or  of  Bedford in  the  county  of 
Westchester,  or  other  city  or  town,  or  county,  as  the  case  tnay 
require)  merchant  (or fanner,  or  other  addition,  as  the  case 
may  require)  (and  adding)  being  an  inn-holder  or  tavern  keep- 
er,^ the  case  be  so)  is  this  day  convicted  before  C  D  mayor 
(or  recorder,  or  one  of  the  aldermen,  as  the  case  may  require) 
of  the  said  city,  (or  one  of  the  justices  of  the  peace  of  the  said 

county,  as  the  case  may  require,)  of  having  on  the  day 

of  last,  (or  instant)  at  —  in  the  said  city,  (or  county\ 

sold  by  retail  one  quart  (or  other  quantity)  of  rum,  (or  other) 
spirituous  liquors,)  without  having  such  permit,  or  to  be 
drank  in  his  (or  her)  house  or  out  house,  yard  or  garden* 
without  having  entered  into  such  recognizance  as  is  men- 
tioned in  the  act,  entitled  "  an  act  to  lay  a  duty  on  strong 
liquors,  and  for  regulating  inns  and  taverns,"  or,  of  not 
having  in  bis  (or  her)  house,  two  spare  beds  for  guests,  with 
good  and  sufficient  sheeting  and  cov  ering  for  such  beds  res* 
pectively,  for  the  accommodation  of  travellers  ;  (or)  of  not 
having  good  and  sufficient  stabling  and  provender,  of  hay 
and  grain,  if  in  winter,  and  if  in  summer,  of  hay  or  pastur- 
age for  four  horses,  or  other  cattle, more  than  his  or  their  own 
stock,  for  the  accommodation  of  travellers,  according  to  the 
form  of  the  act,  entitled,  "  an  act  to  lay  a  duty  on  strong  li- 
quors, andfor  regulating  inns  and  taverns,'*  (or)  of  having 

on  the  day  of  last,  (or  instant)  at  —  in  the  said 

city  (or  county)  sold  one  gill  (or  other  quantity)  of  rum  (or 

oilier  strong  liquor)  to   an  apprentice  (or  servant,  or 

slave)  of  knowing  or  having  reason  to  suspect  or  be- 
lieve him  or  her  to  be  such,  without  the  consent  of  his  or 
her  master,  (or  jnistress)  against  the  form  of  the  act,  entitled 
"  an  act  to  lay  a  duty  on  strong  liquors,  and  for  regulating 
inn3  and  taverns,"  (or)  of  having  for  the  space  of  one 
month  (or  two  or  more  months)  neglected  to  put  up  and  keep 
U2 

I 


234 


INNS. 


such  signup,  a3  is  required  by  the  act,  entitled  <;  an  act  to 
lay  a  duty  on  strong  liquors,  and  for  regulating  inns  and  tav- 
erns. Given  under  my  hand  the  day  and  year  first  above 
written. 

Resolution  of  Commissioners. 

At  a  meeting  of  the  Commissioners  ofexcise  for  the  town 

of  in  the  county  of  on  the  day  of  — 

Present,  A  B,  Supervisor  of  the  said  town,  and 
CD,)  Justices  of  the  peace,  resident 
E  F,  \  in  the  said  town. 
G  H  of  the  said  town  applies  to  us  for  a  license  to  keep 
an  inn  or  tavern,  and  to  retail  liquors  under  five  gallons  as 
*    an  inn-keeper,  at  his  dwelling  house  in  the  said  town,  and 
we  the  commissioners  aforesaid,  having  satisfactory  evi- 
dence that  the  said  G  H  is  of  good  moral  character,  and  of 
sufficient  abilities  to  keep  an  inn  or  tavern,  and  that  he  has 
accommodations  to  entertain  travellers,  and  that  an  inn  or 
tavern  is  absolutely  necessary  at  the  dwelling  house  afore- 
said, of  the  said  G  H,for  the  actual  accommodation  of  trav- 
ellers as  aforesaid  :  It  is  therefore  ordered  that  a  licence  be 
granted  to  the  saidG  H,  according  to  his  said  application. 

A  B, 
CD, 
E  F, 

N.  B.  Tlu  resolution  signed  by  he  commissioners  must  be 
filed  in  the  town  Clerk's  office  within  twenty  days  :  the  com- 
missioner's oath  within  ten  days.  The  Recognisance  is  to  be 
filed  with  the  County  CUrk. 


License  to  retail  Liquors, 
BE  it  known,  that  we.  the  commissioners  ofexcise  for 

the  town  of  in  the  county  of  have  licensed  and 

permitted,  and  in  pursuance  of  the  statute  in  such  case  made 
and  provided,  do  hereby  license  and  permit  M  M  of  the 
said  town,  merchant,  to  sell  by  retail,  any  strong  orspirit- 
ous  liquors  under  five  gallons,  {provided  the  same  be  net  drank 
in  any  house,  yard  or  garden  of  the  said  M  M.)  from  the  date 
hereof  until  the  first  Tuesday  in  May  next.  Given  under 
our  hands  and  seals,  this  day  of-— 


$ 


JUSTICES'  COURT. 


A  Summons. 

>        To  any  Constable  of  the  said  county, 
County,  5    '       Greeting  : — 

IN  the  name  of  the  people  of  the  state  of  New- York,  you 

are  hereby  commanded  to  summon          (if  shall  be 

found  within  your  bailiwick)  to  be  and  appear  before  me  at 

—  in  the  town  of  —  in  the  said  county  on  the 

 day  of  at  of  the  clock  in  the  noon  of 

the  said  day,  to  answer  the  complaint  of  —  in  a  plea  of 
— -  to  damage,  oitwenty-five  dollars  or  under.  Here- 
of fail  not,  and  have  you  then  and  there  this  precept.  Giv- 
en under  my  hand  the  ■        day  of  in  the  year  

O.  P.  Justice  of  the  Peace. 

A  Warrant. 

- }  (     To  any  constable  ofthe  said  county,  Greet- 
County,  J  SS'       ing  : — 

IN  the  name  ofthe  people  ofthe  state  of  New-York,  you 

are  hereby  commanded  to  take  the  body  of  (rf  

shall  be  found  within  your  bailiwick)  and  — ! —  bring  forth- 
with before  me,  to  answer  u«to  of  a  plea  of        ■  to 

  damage  Twenty  jive  dollars  or  under;  and  you  are 

also  to  give  due  notice  thereof  to  the  said  ■  Hereof 
fail  not  at  your  peril.  Given  under  my  hand  and  seal,  the 

 day  of  in  the  year   R.  S.  Justice  ofthe 

Peace. 


PU  a  of  title  in  an  action  of  trespass  for  breaking  plaintiff's 
close  and  cutting  timber,  &c. 

C  D,J     And  the  said  C  D  in  his  own  person,  comes 
ads.  \  and  says,  that  the  said  A  B  ought  not  to  have  or 
A  B.  )  maintain  his  action  aforesaid  thereof  against  him 
because  he  says,  that  the  close  aforesaid,  in  which  the  tres- 
pass aforesaid  is  supposed  to  have  been  committed,  with  the 
appertenances,  is,  and  at  the  said  time  when  the  said  tres- 


236 


JUSTICES5  COURT. 


pass  is  above  supposed  to  have  been  committed,  was  the 
soil  and  freehold  of  him  the  said  C  D,  wherefore  the  said 
C  D,  in  his  own  right,  at  the  said  time  when  8<c.  a3  the 
close  and  soil  and  freehold  of  t  he  said  C  D  broke  and  en- 
tered, and  the  trees  aforesaid,  in  the  declaration  aforesaid 
above  specified,  in  the  said  close  then  growing,  cut  down, 
took  and  carried  away  as  he  lawfully  might  :  And  this  he 
is  ready  to  verify  ;  wherefore  he  prays  judgment,  if  the 
said  court  here  will  or  ought  to  have  further  cognizance  of 
the  said  plea  against  him  the  said  C  D,  &c.  C  D. 

It  is  required  that  the  above  plea  should  be  reduced  to 
writing  and  signed  by  the  defendant  in  presence  of  the  jus- 
lice,  and  being  countersigned  by  thejustice,  is  to  be  deliv- 
ered to  the  plaintiff.  But  before  such  plea  can  be  received 
by  the  justice,  the  defendant,  with  one  sufficient  surety, 
must  enter  into  a  recognizance  as  follows: 

Form  of  a  recognizance  to  be  entered  into  on  tendering  a  plea 

of  title,  before  4  Justice  of  the  peace. 

Dutchess  County,  ss. 

BE  it  remembered,  that  on  the  day  of  in  the 

year  of  our  Lord   C  D  of  &c.  and  N  P  of  &c.  personal- 
ly came  before  me,  E  H  one  of  t  he  justices  of  the  peace  in 
and  for  the  said  county  of  Dutchess,  and  acknowledged 
themselves  to  owe  to  A  B  the  sum  of  fifty  dollars,  of  lawful 
money  of  &c.  to  be  made  and  levied  of  their  respective 
goods  and  chattels,  lands  and  tenements,  or  of  the  goods 
and  chattels,  lands  and  tenements  of  either  of  them,  to  the 
use  of  the  said  A  B  if  default  shall  be  made  in  the  condi- 
tion following  : 

Whereas  the  above  named  A  B  hath  commenced  an  ac- 
tion before  me,  the  said  justice  against  the  above  bounden 
C  D  for  the  recovery  of  damages  for  a  certain  trespass,  by 
the  said  A  B  alledged  to  have  been  committed,  by  the 
said  C  D  on  the  —  day  of  —  in  a  certain  close  of  him 
the  said  A  B  situate  in  &c.  by  cutting  down,  taking  and  car- 
rying away  the  trees  &c  of  him  the  said  A  B  there  lately 
growing ;  And  whereas  the  said  C  D  in  his  own  person, 
now  herein  court  before  me  the  said  Justice, by  his  plea  in 
writing,  signed  by  him  the  said  jb  D  in  my  presence  doth 
justify  the  said  trespass  by  alledging  that  the  said  close  ta 


JUSTICES'  COURT. 


237 


which  the  trespass  aforesaid  is  supposed  to  have  been  com- 
mitted, is,  and  at  the  said  time  when  the  same  is  supposed 
to  have  been  committed,  was  the  soil  and  freehold  of  him 
the  said  C  D.  Now  therefore,  according  to  the  form  of  the 
act  in  such  case  made  and  provided,  the  condition  of  this 
recognizance  is  such,  that  if  the  said  A  B  shall  commence 
a  suit  against  the  said  C  D  before  the  next  court  of  common 

pleas,  to  be  holden  at  in  and  for  the  said  county  of — 

for  the  recovery  of  damages  for  the  trespass  aforesaid,  that 
then  and  in  such  case,  if  the  said  C  D  shall  appear  and  put 
in  special  bail  in  the  said  court  within  twenty  days  after 
the  first  day  of  the  said  next  term  of  the  said  Court,  then 
this  recogizance  to  be  void  otherwise  to  be  and  remain  in 
full  force  and  virtue. 

Taken  and  acknowledged  before  me  the  day  and  year 
first  above  written.  EH,  Justice  of  thePeace. 

A  Venire for  a  Jury  before  a  Justice  of  the  Peace. 

)      The  people  of  the  state  of  New- York,  To  anj 
County,  $    "     Constable  of  the  said  county,  Greeting  : 

We  command  you  to  summon  good  and  lawful  men, 

being  freeholders  of  the  town  of  in  said  county,  to  be 

and  appear  before  the  undersigned,  one  of  the  justices  of 

the  peace  in  and  for  the  said  county,  on  the  —  day 

of  at  — — —  o'clock  in  the  —  noon,  at  the  house  of 

— —  in  the  said  town,  to  make  a  jury  for  the  trial  of  an  ac- 
tion of  —  between  —  plaintiff  and  defendant  and 

who  are  in  no  wise  of  kin  to  either  party,  nor  interested  in 
the  present  suit  depending  between  them  ; — And  have  you 
then  and  there  a  panel  of  the  juror's  names  and  this  pre- 
cept. Hereof  fail  not.  Given  under  my  hand  and  seal  the 
—  day  of   S  T,  Justice  of  the  Peace. 

A  Subpxna. 

TO  .  In  the  name  of  the  people  of  the  state  of  New- 
York,  you  are  hereby  commanded  anil  required  to  appear 

before  at  in  the  town  of  on  the  

day  of  —  at  o'clock  in  the  noon  of  the  same 

day,  to  give  evidence  in  a  cause  then  and  there  to  be  tried, 

between  plaintiff,  and   ■  defendant,  on  the  part  of 

the  .    Hereof  fail  not  at  your  peril.    Given  under  my 

hand,  this  — —  day  of  in  the  year   

O  P,  Justice  of  the  Peace. 


233 


JUSTICES'  COURT. 


An  Execution. 

>      The  People  of  the  state  of  New-York,  To  any 
County,  $    *    constable  of  the  said  county,  Greeting  : 

Whereas  judgment  against  —  for  the  sum  of  law- 
ful money  of  the  state  of  New- York,  of  and  .  costs 

of  suit,  was  had  the  day  of  :  before  me  at  the  suit 

of  — — .  These  are  therefore  in  the  name  of  the  people  of 
the  state  of  New- York,  to  command  you  to  levy  distress  on 
the  goods  and  chattels  of  the  said  (arms  and  accoutre- 
ments excepted — Also,  all  sheep  to  Ihe  number  of  twenty, 
one  cow  two  swine,  and  all  necessary  wearing  apparel  and 
bedding,  belonging  to  any  person  who  is  a  householder,)  and 
make  sale  thereof,  according  to  the  law  in  such  case  made 
and  provided,  to  the  amount  of  the  said  sum,  together  with 
nineteen  cents  for  this  execution,  and  the  same  return  to 
me  within  thirty  days  to  be  rendered  to  the  said  —  for 

 said       ■  and  costs  :  A.nd  for  the  want  of  such  goods 

and  chattels  whereon  to  levy,  take  the  body  of  the  said  

and  convey  and  deliver  unto  the  keeper  of  the  com- 
mon gaoi  of  said  county,  who  is  hereby  commanded  to  re- 
ceive and  keep  the  said  in  his  safe  custody  in  the  said 

gaol,  until  the  aforesaid  sums  aud  all  legal  expenses  be 
paid  and  satisfied,  or  until  he  be  delivered  thence  by  due 
course  of  law.    Hereof  fail  not  under  penalty  which  may 

ensue.    Given  under  my  hand  and  sea',  ihe  day  of 

■  R  S,  Justice  of  the  Peace. 

Advertisement  of  sale  by  the  constable  on  execution. 

BY  virtue  of  an  execution  to  me  delivered  against  J  K, 
I  have  seized  and  taken  [here  describe  the  articles]  which 
said  goods  and  chattels  I  shall  expose  to  sale  at  public  ven- 
due, on  —  at  o'clock,  in  the  —  noon  of  said  day, 

at  —  in  the  town  of  .    Dated  this  day  of  — 


Security  to  be  given  ivhen  Plaintiff  is  a  nan-resident  and  de- 
mands a  warrant. 
R  S,  being  a  non-resident  of  the  county  of  D,  and  hav- 
ing demanded  a  warrant  from  O  S,  Esq.  one  of  the  justices 
of  the  peace  in  and  for  the  said  county,  against  P  R  in  a 
plea  of  +3 —  now  therefore,  I,  G  H,  do  hereby  become  ee- 


JUSTICES*  COURT. 


239 


curity  for  the  said  R  S  in  the  plea  aforesaid,  according  to  the 
act  "  for  the  recovery  of  debts  to  the  value  of  twenty-five 
dollars"  for  the  payment  of  any  sum  which  may  be  adjudg- 
ed against  the  said  R  S,  in  the  plea  aforesaid,  hereby  en- 
gaging to  pay  the  said  sum  to  P  R.    Dated  the  dav 

of   G  H. 

Taken,  signed  and  acknowledged  the  day  > 
of  the  date  hereof,  before  me     OS.  I 

Security  to  be  given  when  defendant  is  brought  up  on  a  warrant, 
and  applies  for  a  postponement. 

X\U  .T  do  "ereby  become  security  to  C  D,  Esq.  one  of 
the  justices  of  the  peace  in  and  for  the  county  of  D,  that. 

U  H  will  appear  before  (he  said  justice,  on  the-  day  of 

"V —  at  • — Z  °'c,ock  in  the  noon  at  in  the  town 

ot  in  the  said  county,  at  the  suit  of  O  P,  in  a  plea  of 

•—  and  answer  the  said  action,  and  that  he  will  pay  the 
debt  and  damages  and  costs  [or  damages  and  costs]  adjudg- 
ed in  the  said  plea,  or  will  render  himself  in  execution  in 
case  judgment  shall  be  given  against  him  the  said  G  H. 
Dated  this  day  of   U  T. 

Taken,  signed  and  acknowledged  the  day  > 
of  the  date  hereof,  before  me,  C  D.  \ 


Bond  required  before  attachment  issues. 

KNOW  all  men  by  these  presents,  that  we  X  Y  and  P  Q 
of  he  town  of in  the  county  of  W,  are  held  and  firm- 
y  bound  to  E  F,  in  the  penal  sumof  twenty-five  dollars,  of 

^^17  °f  lhe  State  of  N™-York,  to  be  paid  to  the 
said  b  * ,  his  executors,  administrators,  and  assigns.— To 
which  payment  well  and  truly  to  be  made,  we  bind  our- 
selves, our  heirs,  executors,  and  administrators,  jointly  and 

I^?Zi  ?u™ly  by  these  l>res™ts-  Sealed  with  our  seals, 
and  dated  this  —  day  of  

H.  ^1^?  u?D,°f. the  foreg°ing  obligation  is  such,  that  if 
the  said  X  Y  his  heirs,  executors  and  administrators,  shall 

U'y  Pay,,the  Said  E  F'  hi9  executors,  administra- 
tors and  assigns,  all  such  damages  and  costs,  which  he  the 
said  *  may  sustain  by  reason  of  k  certain  attachment  be- 
ing issued,  against  the  goods  and  chattels  of  the  said  E  F, 


240 


JUSTICES'  COURT. 


by  A  B,  Esq.  one  of  the  justices  of  the  peace,  in  and  for  the 
county  of  in  favor  of  the  said  X  Y,  under  the  twenty- 
third  section  of  the  Act,  "  for  the  recovery  of  debts,  to  the 
value  of  twenty-five  dollars,"  in  case  no  judgment  shall  be 
recovered  against  the  said  E  F,  on  such  attachment,  then 
the  foregoing  obligation  to  be  void,  else  to  be  in  full  force 
and  virtue. 

Sealed  and  delivered  )  X  Y,  (l.  s.) 

in  presence  of      £  P  Q.  (i4.  s. 

A  B, 


Attachment  against  an  absent  or  absconding  dchicr. 

By  A  B,  Esq.  one  of  the  Justices  of  the  peace,  in  and  for 
d\e  county,  [or  city  and  county]  of  W. 

Any  constable  of  the  snid  county  [or  city  and  county,]  is 
hereby  commanded  in  the  name  of  the  people  of  the  state 
<if  New-York,  to  attach  the  goods  and  chattels  of  E  F,  (ex- 
ccpt  such  goods  and  chattels  as  are  exempt  from  Execution)  and 
the  same  safely  keep,  to  satisfy  such  judgment  as  may  be 
rendered  by  me,  against  the  said  E  F  in  favor  of  X  Y,  on 
an  application  made  by  the  said  X  Y,  before  me,  under  the 
twenty  third  section  of  the  act"  for  the  recovery  of  debts  to 
the  value  of  twenty-five  dollars,"  and  the  said  constable  is 
commanded  to  return  to  me  this  precept,  at,  &c.  on,  &c  at 

 o'clock,  &c.  [let  the  return  day  be  more  than  6,  and  less 

than  12  days  from  the  date,]  and  also  to  leave  a  copy  of  this 
Attachment  at  the  dwelling  house  or  other  last  place  of  a- 

bode  of  the  said  E  F.    Given  under  my  hand,  at  in 

the  said  county,  this  day  of   A  B. 


"Bond  to  be  given  to  the  Plaintiff' on  the  Attachment,  to  prevent 
the  goods,  &c.  being  removed. 

KNOW  all  men,  &c. — {See  preceding  bond  for  the  form 
of  penalty,  only  make  the  sum  50  dollars  instead  of  25  dollars, 
and  let  tlie  plaintiff  be  the  Obligee.) 

The  condition  of  the  foregoing  obligation  is  such,  that  if 
certain  goods  and  chattels  this  day  seized  on  attachment  a- 
gainst  E  F,  to  wit : — (here  insert  the  goods  and  chattels  in  de- 
tail,) shall  be  produced  to  satisfy  any  execution  against  the 


JUSTICES' COURT. 


goods  and  chattels  of  the  said  E  F,  which  may  be  issued 
by  A  B,  Esq.  one  of  the  justices  of  the  peace  in  and  for  the 
county  of  W,  on  a  judgment  to  be  recovered  against  the  said 
E  F  in  favor  of  X  Y  on  an  application  heretofore  made  to 
the  said  justice  by  the  said  X  Y  for  an  attachment  againBt 
the  goods  and  chattels  of  the  said  E  F  under  and  in  virtue 
of  the  twenty-third  section  of  the  act,  "for  the  recovery  of 
debts,  to  the  value  of  twenty-five  dollars,"  and  on  which  at- 
tachment the  said  goods  and  chattels,  were  taken  according 
to  law,  then  the  foregoing  obligation  to  be  void  otherwise 
to  remain  in  full  force  and  virtue. 
Signed,  as  before. 

Juror's  oaih. 

You  do  swear  in  the  presence  of  Almighty  God,  that  you 
will  well  and  truly  try  the  matter  in  difference  between  AB 
plairrtinV&nd'C  6  defendant,  and  a  true  verdict  will  give 

according  to  evidence. 

QMh  {or  affirmation)  of  a  witness  to  give  evidence. 

You  do  swear  in  the  presence  of  Almighty  God  (or,  do 
solemnly,  sincerely  and  truly  declare  and  affirm)  that  the  evi- 
dence you  shall  give  in  this  matter  in  difference  between 
A  B  plaintiff,  and  C  D  defendant,  shall  be  the  truth,  the 
whole  truth  and  nothing  but  the  truth. 

Special  form  of  an  oath  used  by  some  denominations  of  Chris- 
tians,with  the  uplifted  hand. 

You  do  swear  by  the  Ever-Iiviag  God,  that  the  evidence 
you  shall  give,  &c.  as  before. 


Oath  (cr  affirmation)  cf  a  witness  or  juryman  on  his  voirt 

DIRE. 

You  do  swear  in  the  presence  of  Almighty  God,  (or 
"  solemnly,  £c.  affirm")  that  you  will  true  answers  m;  ke, 
to  such  questions  as  may  be  put  to  you,  touching  the  chal- 
lenge iiow  exhibited,  against  you,  [or,  "touching  your  in- 
terest in  the  present  suit?'  &cJ] 
W 


242 


JUSTICES'  COURT. 


Constable's  oath. 
You  do  swear  in  the  presence  of  Almighty  God,  that  you 
will,  to  the  utmost  of  your  ability,  keep  every  person  swora 
on  this  inquest,  together  in  some  private  and  convenient 
place,  without  meat  or  drink,  except  wafer ;  you  w  ill  not 
suffer  any  person  to  speak  to  them,  nor  speak  to  them 
yourself,  unless  by  order  of  the  Justice,  unless  it  be  to  ask 
them  whether  they  have  agreed  on  their  verdict,  until 
they  have  agreed  on  their  verdict. 

Form  of  the  Indorsement  to  be  made  by  a  Justice  on  the  Exeat- 
tion,  when  the  party  is  entitled  to  exemption  from  imprison* 
ment. 

Dutchess  County,  ss.  I,  E  H,  the  justice  within  men- 
tioned do  hereby  certify  according  to  the  form  of  the  act  in 
such  case  made  and  provided,  that  the  within  named  C  D 
at  the  trial  before  me  on  w  hich  the  within  mentioned  judg- 
ment was  rendered,  did  prove  to  my  satisfaction,  that  he 
then  was  not  a  freeholder  and  had  a  family  within  this  state, 

E  H,  Justiceof  the  Peace. 

Form  of  a  justice's  order  on  the  county  treasurer  for  compen- 
sation to  a  Constable  for  apprehending  a  felon. 

Dutchess  County,  ss.  To  W  E,  Treasurer  of  said  county. 

WHEREAS  J  W,  one  of  the  constables  of  the  town  of 
A  in  said  county,  hath  this  day  applied  to  me,  D  H,  one  of 
the  justices  Sec.  for  a  warrant  on  the  Treasurer  of  said 
county  directing  him  to  pay  the  said  constable  for  his  rea- 
sonable expenses  and  trouble,  in  apprehending  and  convey- 
ing P  S,  a  felon,  to  the  common  gaol  in  said  county,  upon  a 
warrant  of  commitment  issued  by  A  B,  he  not  having 
goods  or  money  w  ithin  said  county  to  defray  the  same ;  and 
whereas  upon  examination  on  oath,  in  the  premises,  I  find 
the  reasonable  allowance  to  be  made  unto  the  said  consta- 
ble is  dollars.    I  do  therefore  hereby  order  you  the 

said  treasurer  to  pay  the  said  sum  of          dollars  to  said 

constable  out  of  such  monies  as  you  shall  have  in  your 
hands  unappropriated.  Given  under  my  hand  and  seal 
tflis  — *r-  Uay  of  — 

E  H,  Justice  of  the  Peace.  , 


FEES. 


Justice's  Fees  under  the  f<  Act  to  prevent  Forcible  Entries  and 
Detainers"  <$cc.  &c. 

For  a  precept  to  summon  a  jury,  to  enquire  of  a  forcible 
entry  or  detainer,  thirty-seven  and  an  half  cents. 

Administering  an  oath,  twelve  and  an  half  cents. 

Swearing  a  jury  to  enquire  of  a  forcible  entry  or  detainer 
twenty-five  cents. 

A  precept  to  summon  a  jury  to  try  a  traverse  of  the  force, 
thirty-seven  and  an  half  cents. 

Swearing  a  jury  to  try  the  traverse,  twenty-five  cents. 

For  drawing  a  conviction  of  a  forcible  entry  or  detainer, 
one  dollar. 

A  warrant  of  restitution,  thirty-seven  and  an  half  cents. 
A  mittimus  for  a  fine  or  forfeiture,  nineteen  cents. 
A  warrant  against  any  person  for  a  breach  of  the  peace, 
or  a  misdemeanor,  nineteen  cents. 

A  bond  or  recognizance,  twenty  five  cents. 
A  summons  upon  a  penal  law,  twelve  and  an  half  cents. 
Drawing  a  conviction,  thirty-seven  and  an  half  cents. 
A  Warrant  to  levy  a  penalty,  nineteen  cents. 

The  Constable^  Fees. 

For  serving  a  warrant,  nineteen  cents. 

Serving  a  summons,  twelve  and  an  half  cents. 

Serving  a  warrant  of  distress  for  rent,  one  dollar  and  fifty 
cents;  making  an  inventory  on  such  distress,  and  draff  of 
notice,  and  as  many  copies  as  may  be  necessary,  one  dol- 
lar :  travelling  fees,  per  mile,  six  cents;  fees  for  levying 
and  seiling,  for  each  dollar,  two  cents,  or  levying  onty,  I  for 
each  dollar,  one  cent  :  provided  that  this  shail  not  extend 
to  the  city  of  New  York. 

Milage  for  every  mile,  going  only,  eight  cents. 


244 


FEES. 


Levying  a  fine  or  penalty,  to  the  amount  of  two  dollars 
and  fifty  cents  or  under,  twelve  and  an  half  cents,  and  on 
all  sums  above  two  dollars  and  fifty  cents,  at  the  rate  of 
twelve  and  an  half  cents  on  every  two  dollars  and  fifty 
cents. 

Taking  a  defendant  into  custody  on  a  mittimus,  twelve 
and  an  half  cents. 

Conveying  a  person  to  gaol,  twelve  and  an  half  cents,  if 
within  one  mile,  and  for  every  mile  more,  going  only,  six 
cents. 

The  Coroner's  Fees, 

For  the  view  of  each  body,  taking  and  returning  the  In- 
quisition, ten  dollars. 

Drawing  every  subpoena  or  warrant,  twenty-five  cents* 

Drawing  every  summons  for  jury,  thirty-seven  and  an 
half  cents. 

Swearing  every  witness,  six  cents. 

Taking  every  recognizance,  twenty-five  cents,  and  each 
Coroner  shall  moreover  be  allowed  all  reasonable  and  ne- 
cessary expenses,  incurred  by  him  for  removing  any  dead 
body  to  the  place  for  taking  such  inquest,  and  for  the  use  of 
any  house  or  building  in  which  the  same  shall  be  taken. 

For  serving  writs  in  all  cases,  the  like  fees  as  are  herein 
before  allowed  to  the  Sheriff  for  the  like  services  ;  and  the 
fees  of  the  Coroner,  for  taking  inquests  in  each  county, 
shali  be  certified  by  at  least  two  of  the  Supervisors  and 
paid  by  the  Treasurer  of  the  county, and  in  the  city  of  New- 
York,  the  same  shall  be  paid  in  the  same  manner  as  the 
other  contingent  charges  in  the  said  city  are  directed  to  be 
pai<f. 


NEW  GEOGRAPHY. 


lust  published  and  for  sale  at  Potter's  Bookstore,  Poughkeepsie,^. 
V.J  and  at  all  the  principal  Bookstores  in  the  United  States, 

AN  EASY  GRAMMAR  OF  GEOGRAPHY. 

Accompanied  with  an  Atlas  of  seven  Maps* 

By  JACOB  1VILLETTS. 

The  Geography  and  Atlas  sell  at  the  very  moderate  price  of  Seven 
Dollars  and  Fifty  Cents  the  Dozen,  and  retail  at  Seventy  five  Cents, 

RECOMMENDATIONS  OF  THE  WORK. 

The  Rev.  John  Reed,  A.  M.  Rector  of  Christ's  Church,  in  the 
"village  of  Poughkeepsie,  has  favored  us  with  his  opinion  as  follows — 
u  1  have  examined  Mr.  Willetts*  "Easy  Grammar  of  Geog- 
raphy," together  with  the  Maps  accompanying  it,  and  think  it  de- 
cidedly the  hest  compendium  of  Geography  for  common  schools  yet 
presented  to  the  public"  • 

The  Rev  Cornelius  C.  Cuyler,  A.  M.  Pastor  of  the  Reform- 
ed Dutch  Church,  in  Poughkeepsie,  has  politely  furnished  us  with 
the  following  recommendation 

Poughkeepsie,  2d  June,  1814. 

Dear  Sir, 

I  have  given  your  edition  of  Mr.  Willets'  "  Easy  Grammar 
of  Geography,  for  the  use  of  Schools,"  together  with  the  small 
Atlas  accompanying  it,  as  careful  a  perusal  hs  time  ami  other  avoca- 
tions would  permit,  and  feel  a  pleasure  in  informing  you,  that  it  ap- 
pears to  be  well  calculated  to  facilitnte  to  the  young  student,  the  ac- 
quisition of  Geog>  ;*piiical  knowledge — I  should  therefore  feel  pleased 
to  see  it  introduced  into  our  schools.  One  of  its  principal  excellen- 
cies is,  that  it  will  necessarily  oblige  the  stu  lent  to  exercise  other 
faculties  besides  his  memory. 

I  remain  yours,  &c. 

CuRNELIUS  C.  CUYLER. 

David  Brooks,  Esq.  well  known  to  the  public  as  having  filled  for 
mnn\  years  the  office  of  first  judge  of  Dutchess  county,  and  who 
has  at  different  times  been  a  member  of  the  legislature  of  this 
state  and  ot  the  United  States,  has  obligingly  favored  us  with  his 
opinion,  as  follows  :— 

Mr.  Potter — I  have  examined  a  small  Tract,  entitled  "  Jin  Easy 
Grammar  of  Geography,  for  the  use  of  Schools,'1  &c.  with  an  Atlas 
of  seven  Maps,  con.piLd  by  Jacol>  Willetts,  and  published  bj  y  :u  ; 
and  an  fully  of  opinion  that  it  will  be  a  very  iweful  elementary  book 


RECOMMENDATIONS. 


for  beginners  in  Geography.  The  Maps,  although  upon  a  small 
scale,  appear  very  accurate,  and  the  lines  distinctly  marked.  They 
affor  i  a  more  correct  idea  of  the  relative  situation  of  places,  than 
those  on  a  more  exte:  led  scr.le  ;  and  being  bound  separate  from  the 
book,  will  be  more  durable  and  easy  of  inspection.  I  have  no  hes^ 
itation  in  recommending  this  book  us  a  very  useful  Compend  ;  and 
the  moder  te  price  at  w  hich  it  is  afforded,  puts  it  in  the  power  of  ev- 
ery scholar  to  procure  it 

Wishing  an  extensive  circulation  to  this  useful  little  treatise,  I  re- 
main, sir,  \our  most  obedient  servant —  D.  BROOKS. 

Poughkeepsie,  June  1st,  1814. 


Mr.  Daniel  H  Barnes,  A.  M.  Principal  of  Dutchess  County 
Academy,  whose  reputation  as  a  public  Teacher  of  Youth,  stands 
as  high  as  that  of  any  man  in  the  state,  has  politely  communicated 
to  us  his  opinion,  in  the  following  note — 

Poughkeepsie,  2d  June,  1814. 

Mr.  Potter, 

1  have  received  a  copy  of  your  u  Easy  Grammar  of  Geogra- 
phy^ and  in  answer  to  the  request  therewith  communicated,  I  am 
happy  to  inform  you,  that  the  book,  as  to  its  plan  and  arrangement, 
meets  my  entire  approbation.  The  method  of  placing  the  exerci- 
ses immediate!  ,  after  each  principal  division  of  the  globe,  and  mak- 
ing them  to  include  all  the  important  facts  previously  laid  down,  ap- 
pears to  be  admirably  calculated  to  facilitate  the  rapid  and  correct 
progress  of  the  students.  The  propriety  of  closing  with  astronomy 
is  obvious.  The  maps  are  neatly  executed,  and  being  bound  sepa- 
rately from  the  book,  will  be  highly  useful  and  convenient.  I  do 
not  hesitate  to  say,  that  in  my  estimation,  this  compendium  of  Geog- 
raphy, is  preferable  as  a  first  book,  to  any  which  I  have  seen.  I  shall 
adopt  it  immediately  in  my  department,  and  recommend  it  to  the 
associated  masters  in  this  institution.  Yours  respectfully, 

D.  H.  BARNES* 

Mr.  Abiel  G.  Thompson,  who  has  been  known  in  Dutchess 
county  for  many  years,  as  a  teacher  of  the  first  standing,  and  who 
is  now  one  of  the  instructors  in  Dutchess  county  Academy,  has 
favored  us  with  his  opinion  as  follows  : 

Mr.  EOTTBB) 

I  have  examined  Mr.  Willetts'  "Easy  Grammar  of  Geog- 
Raphy."  It  is  in  my  opinion,  a  work  better  calculated  for  the  use 
of  schools  than  any  book  of  the  kind  with  w  hich  I  am  acquainted. 
It  contjuns  all  that  is  necessary  to  be  c  mmitted  to  memory  in  the 
study  of  Geography,  and  a  great  variety  of  questions,  which  the 
pupil  may  answer  by  examining  the  Maps. 

The  Atlas  which  accompanies  the  book,  contains  a  number  of 
Maps,  sufficient  to  give  a  general  idea  of  geography,  tnd  is  a  very 
useful  appendage  to  the  work.  Yours,  &c. 

A  BILL  G.  THOMPSON. 


■ 


RECOMMENDATIONS. 

The  folltrwing  letter  is  from  the  author  of  the  Gazetteer  of  the 
State  of  J\reiv-Fork. 

Albany,  fth  Mo.  4,  1814. 

Esteemed  Friend, 

I  have  examined  thy  "  Easy  Grammar  or  Geography" 
and  the  'Atlas,'  with  some  care.  For  an  elementary  book,  in  eom- 
mon  schools,  the  plan  meets  my  entire  approbation  ;  and  so  far  as 
I  have  been  able  to  observe,  il  is  very  -well  executed.  Being  a 
cheap  and  useful  book,  it  ought  to,  and  probably  will,  find  its  way 
into  eve.-y  school  in  the  state.  I  had  been  long  since  solicited,  by 
several  persons  employed  in  the  instruction  of  youth,  to  write  a 
work  of  this  kind,  on  the  same  plan,  and  am  very  happy  to  see  that 
my  prospective  labor  mny  be  dispensed  with.  Wishing  thee  very 
great  success  in  th)  literary  enterprise,  I  remain  thv  friend, 
HORATIO  GATES  SPAFFORD. 

Paraclete  Potter. 

Mr.  Andrew  Beers,  from  whom  the  following  note  has  been  re- 
ceived, is  now  engaged  in  the  arduous  .»nd  important  undertaking 
of  writing  a  Gazetteer  of  his  native  state,  Connecticut,  similar  in 
plan  to  Spafford's. 

Dakbury,  14th  July,  1814. 

Mr.  Potter, 

SIR — I  have  thoroughly  examined  Mr.WiHetts'  "Easy  Grammar 
4>f  Geography"  with  the  accompanying  Atlas,  published  by  you  ; 
and  I  might  with  much  propriety  (if  needful)  enter  into  the  particu- 
lars of  its  high  merits  and  great  utility  :  but  suffice  it  to  say,  that  I 
have  been  an  old  teacher,  in  the  usual  mode  of  Geography  and  As- 
tronomy, and  I  am  now  constrained  to  say,  that  I  regret  the  many 
days,  months,  and  I  may  even  say  years,  I  have  spent  in  teaching 
according  to  the  usual  Books,  only  for  the  want  of  just  such  a  oue 
as  you  have  hit  upon.  For  young  pupils  it  certainly  exceeds  any 
thing  of  the  kind  I  ever  saw.  To  study  Geography  and  Astronomy 
without  Maps,  Figures,  &c.  is  as  absurd  as  to  teach  a  child  to  call 
over  the  Alphabet  without  seeing  the  shape  of  the  letters.  The 
convenience  of  having  the  Atlas  by  itself  is  obvious,  as  it  must  be  con- 
stantly used  in  search  for  an  answer  to  every  question,  which  I  read- 
*.ly  conceive  will  be  a  kind  of  pleasing  labour  to  the  scholar,  and  soon 
make  him  a  proficient  in  Geography.  Yours  &c. 

ANDREW  BEERS. 


Mr.  R.  O.  K.  Bennett,  from  whom  the  following  letter  has  been 
received,  is  a  teacher  of  the  first  standing  and  respectability,  who 
has  for  many  years  be'en  employed  in  the  city  of  Albany. 

Albany,  June  24, 1814. 
Dear  Sir — Your  "  Easy  Grammar  of  Geography  ,n  and  accompa- 
nying Atlas,  have  been  duly  received.  As  an  elementary  book,  it  is 
justly  entitled  to  a  preference  to  any  I  have  seen  on  the  subject  It 
supplies  what  has  long  been  wanting  m  common  schools  and  acade- 
mies, and  what  I  have  frequently  heard  called  for— an  easy  epitome 
»f  Geography,  at  a  moderate  price,  and  on  a  plan  calculated  to  ex- 


RECOMMENDATIONS. 


excise  the  ingenuity,  as  well  as  the  memory  of  pupils.  Thoroughly 
convinced  of  its  utility,  I  shall  lose  no  time  in  introducing  it  into 
my  school  ;  and  shall  be  much  rejoiced  to  find  it  soon  in  general 
use.  The  astonishing  and  truly  gratifying  changes  which  have  taken 
place  iu  the  political  aspect  of  Europe,  will  render  it  necessary  for 
the  compiler  to  make  in  a  second  edition  (which  I  hope  a  discerning 
public  will  soon  call  for)  some  trifling  alterations.  Wishing  you  all 
the  suecess  to  which  the  merits  of  this  hook  justly  entitle  you,  I  re- 
main, Your  obliged  humhle  servant, 

R.  O.  K.  BENNETT. 

Mr.  V.  Potter. 

Mr.  John  Griscom,  a  Teacher  of  the  first  respectability  iuthe  city  of 
New-York,  has  favored  us  with  the  following  note. 

1  have  examined  an  "  Easy  Grammar  of  Geography''  prepared 
by  Jacob  Willetts,  and  do  not  hesitate  to  say,  that  the  author,  in  my 
opinion,  has  fully  attained  the  object  he  had  in  view  ;  viz.  to  improve 
the  popular  little  work  of  Goldsmith,  and  especially  to  adapt  it  more 
completely  to  the  youth  of  this  country.  Thus  improved,  [  consid- 
er it  as  one  of  the  best  Geographical  compends  for  the  use  of  Amer- 
ican Schools,  which  has  yet  been  published. 

JNO.  GRISCOM. 

New  York,  7  mo.  9th,  1814. 

■  o:zzz  ::zzz:c» 
ALSO, 

Just  published  by  P.  Potter,  and  for  sale  at  his  Bookstore 
in  Poughkeepsie,  and  at  the  principal  Bookstores  in  the 
United  State3, 

The  Scholar's  Arithmetic, 

For  the  use  of  schools  in  the  United  States  : — By  Jacob 
Willetts,  author  of  "An  Easy  Grammar  of  Geography  "cix.&c. 

Extract  from  the  Compilers  Preface. 
After  stating  that  some  improvement  has  been  attempted  in  ar- 
ranging his  work,  and  simplifying  the  Rules,  the  Compiler  says. 

u  But  the  improvement  upon  which  the  compiler  places  his  principal  reli- 
ance, as  giving  his  work  a  decided  superiority  over  any  other  work  of  the 
kind,  is  the  questions  which  he  has  introduced  on  the  different  rules.  1  hese 
questions,  if  properly  used,  cannot  fail  to  be  of  important  service  in  giving 
the  learner  a  perfect  understanding  of  Arithmetic.  Indeed  it  is  be- 
lieved that  no  method  hitherto  devised,  is  so  effectual  for  making  the  schol- 
ar thoroughly  master  of  his  Studies,  as  that  of  requiring  him  to  answer 
questions,  embracing  ad  the  important  particulars  of  what  he  has  been  learn- 
ing. Experience  has  proved  the  utility  of  this  met'.od  ij  the  study  of  Geog- 
raphy, and  the  compiler  of  the  following  work,  is  sanguine  in  the  belief, 
that  it  will  not  only  be  found  equally  useful  in  conducting  learners  to  a 
knowledge  of  Arithmetic,  but  that  it  may  be  advantageously  introduced  in- 
to most  other  studies." 


